Tag Archives: Facebook

January 11, 2017 · 20:00

Grasping change

We all tend to avoid change. Not because it is a problem, but we all believe in the expression: “When it ain’t broke, don’t fix it”. You, me all of us tend to go forward in our small circles, because for most comfort is king. Yet where is the moment when continuing the same is no longer an option? There is a lot of consideration in that because we tend to be like the frog in such manner. When you throw a frog in boiling water, he’ll jump out. Yet when you put a frog in a pot of water and put a flame below it, the frog will willingly boil to death. We are like that frog in many ways. Yet this is under normal circumstances, when we see an attack on our quality of life, we tend to get active real fast.

This is seen when our lives revolve around greed. When that happens the numbers go wildly out of control. This we see in the Guardian (at https://www.theguardian.com/business/2017/jan/10/hard-brexit-threatens-global-financial-system-city-chiefs-tell-mps), where we see people like Xavier Rolet, chief executive of the London Stock Exchange end up being connected to statements like ‘could spark more than 230,000 job losses‘. In all this the people involved are (as I personally see it) scared for their life filled with mistresses, large bank accounts and an overly rewarded quality of life ask questions like ‘clarity on the UK’s future relationship with the EU‘. You see, those people were lulling the masses around them into a false sense of compliance, but the people have lost too much, the gap of incomes too large and what no one was willing to accept is that Brexit became a reality and as the implementation is starting to move forward, those people are scared, their large incomes based on inaction is now in recession, it scares them, so they go into blame mode and flame mode. As Xavier Rolet called for a five-year transition period for the UK to exit the EU, possibly for additional reasons like a maximisation of retirement portfolios, is now confronted with ‘the Treasury select committee were told the triggering of article 50‘, which officially initiates the departure from the EU. Another Fat Cat, namely Douglas Flint has admitted a more playful response in this. “The ecosystem in London is a bit like a Jenga tower: you don’t know if you pull one small piece out whether nothing happens or whether it has a more dramatic impact”, is his statement and as he is allegedly fetching £7.6m a year (Compared to that, I am merely making 0.3% of that), we can feel secure in calling the man a fat cat of the finance industry. Yet he is not alone, the triplets of finance is completed with Anthony Browne, who is adding to all this ‘the preservation of the status quo‘ is the best solution.

You see, these people (some call them numbskulls) refused to listen for well over 4 years pushing everything forward and they all forgot that a nation is not them with their 322 friends who are all living the gravy train, it is the 68 million voters, who all for the longest time have lived a raw deal, they voted and there was enough to make a majority, too many had lost too many levels of comfort. If we push back to the frog in scenario 2, too many were getting too uncomfortable and the announcements from Mario Draghi on more Quantative Easing programs that can now be extended beyond 2017. The people see the debt growing and more important, the second time now has enough evidence that it will not be any better, almost certain that it will be worse. In all this we remember the action of an insane person. A person who does the same thing twice and expects different results. The people have had enough of fat cats drowning banks with cash whilst only the banks and the financial sector see the fallout bonus of those events. The people wanted Brexit and certain people in the English Financial Sector now see that the good times are ending, a few years too soon when they look at their retirement portfolios. In that they do not realise that the bulk of the population will have to work until the day they die, for well over 30% retirement is no longer a viable option. They all forgot about the people. In my personal view, the sooner the UK is out of that mess, the sooner can it actually grow its national value, the value of the British people! The fat cats all forgot about that, because for the most, their fortunes are all set in some mobile ‘currency’ that ‘avoids’, or is that ‘voids’ taxation in legal ways.

So even as some of these Fat Cats will grasp towards statistics like “median disposable income for the poorest fifth of households had risen by £700, or 5.1%, in the year to April 2016, while the richest fifth of households saw their incomes fall by £1,000, or 1.9%, over the same period” (source: the Guardian), yet what is left out in the shadows is that the poorest group is making less than £10,000, whilst the richest is making in excess of £55,000, with the top exceeding well over £275,000, so we can honestly state that those losing out of £1,000 should for the most not feel its impact and the top won’t even notice it. Change happens and only when it impacts our comfort levels (those not impacted by greed), that part has been ignored and now when the die is cast do we see levels of fear mongering, where a small group is hoping if they can get away with it a little longer. Almost like that little girl Beverly Hills Twist going to the front of the Crystal shop asking for a little more. Charles Dickens would roll in his grave is he witnessed this. I particularly like the Guardian Quote (at https://www.theguardian.com/uk-news/2017/jan/10/uk-inequality-working-people-pensions-ons) “it calculated that the average FTSE 100 boss earned more than £1,000 an hour, meaning it took less than three days to earn the UK average salary“, the start of a new Beatles hit ‘three days a year’, greed run amok. Let’s be fair, I am for the most a capitalist. I have never objected to bosses making more than me, yet when their incomes with bonuses sets my income (me with two University degrees) at 0.3%, we can state that the imbalance is too far out of control. In that regard, I will need to be slightly less diplomatic and refer to the joke that is ONS senior statistician, Claudia Wells who said “a strong rise in pensioner incomes was behind much of the increase in incomes, especially of those in the bottom 40%“, perhaps she would like to show us evidence, especially when we see places like ageuk.org.uk give us:

1 in 7 pensioners (1.6 million or 14% of pensioners in the UK) live in poverty, defined as having incomes of less than 60% of median income after housing costs.
A further 1.2 million pensioners have incomes just above the poverty line (more than 60% but less than 70% of median income)

So in all this, when she hides behind that ‘increase in income‘, how much increase? Because the bulk is not getting any place anywhere soon, too much data shows that. In all this they also tend to miss out on entitlements like Housing benefits because of several reasons. I expect that a lack of social housing is likely to be a first reason.

In this we need change. We will need to consider how business in maintained. The clamp down on tax avoidance was a first, yet the EU borders are too open and too many facilitators for lower taxation remain. With Brexit squarely in place the banks will need to reconsider, try to avoid taxation a little longer by moving, or in light of the European changes stay and pay a fair amount of taxation, at that point only the fat cats lose out, which gave us the three wise crackers at the beginning. When the tax comes rolling in, we will also see a change for the NHS and other parties who have been ransacked due to full infrastructures without properly taxed representations.

In this we need to face a few facts, not just from the HMRC, we see that the Diplomatic Corps needs to take a close look at themselves in the mirror. When we get quotes from the Guardian like ‘Ed Llewellyn told MPs his staff were making contacts with other French presidential candidates‘, whilst stating ‘his embassy will not be forging links with far-right presidential candidate Marine Le Pen because the UK government has a policy of not engaging with her party, the Front National (FN)‘, he better get his head in the game real fast, unless that order came from Her Royal Highness directly. Apart from these people engaging in discrimination, should Marine Le Pen be elected (not a guarantee at present), the UK will have no options but to sit at the table with France, France is one of the economy pillars for Europe and even as the UK is also one, there is enough indication that player number 4 (Italy) will be entering a very deep valley of recession for some time to come. At that point only Germany remains as a sizeable business partner. Perhaps Ed Llewellyn would be so kind on informing the people of England how often an option of one worked really nicely for the UK, like ever? In this Crispin Blunt is asking questions as should we all, Llewellyn’s response “would be a matter for ministers” will in my humble opinion not hack it as they are making connections to the other political players in France. The consequence of these choices could potentially be expensive for the UK, in a time when the required policy of turning every penny is squarely in place.

That wisdom was given by Natalie Nougayrède of the Guardian in September last year with ‘Angela Merkel and Marine Le Pen: one of them will shape Europe’s future‘. Their visions are opposite and there is no clear evidence where the future of Europe is going. Whilst stating that, we do know that Merkel is in seriously warm waters (read: wibbit, wibbit), as Sigmar Gabriel is challenging Chancellor Merkel, there will be an age of polarisation within the German SDP. This will intensify as my earlier blog now gets a new side to it all. Thomas de Maizière a member of the CDU will have options to influence this polarisation, especially if Sigmar Gabriel is willing to offer a better centralisation deal on German intelligence, which is a dangerous reason to change to say the least. So having France in the UK preference side is going to be rather essential, alienating the current number two in that race is not the best actions, in that regard, the anti-Trump actions within the UK are equally not the good an idea, at some point we get to be thankful for Nigel Farage taking open positive interest in the inauguration of Donald Trump. In this we need to realise the ‘blunder’ Sir Kim Darroch made when he decided to dismiss him as “an outsider and an unknown quantity“, I am not a diplomat (far from that) and even I could have phrased that better. So as the UK diplomats bungle one side of the Atlantic river (that narrow brook between the USA and the UK), blundering on the other side of the North Sea might not be the best action to undertake. This when we look back at a leaked telegram by Sir Kim Darroch, making it interesting why a telegram? How encrypted was it? A little embarrassing that this is happening to the former national security advisor, it could just be the irony of the universe.

So as we are trying to grasp change, the people around us are doing the same. In fairness, like you they are catering to the needs of themselves, we cannot fault anyone for that, yet when their incomes is in excess of 300 times your income, how much leeway should they get? I have never opposed differences of income. Someone made Facebook and got wealthy beyond all means. So did the person who came up with Windows, with Oracle, with Google and a few others, yet those who merely ‘facilitate’, those who live of the vulture principle, those who do not actually create anything, how should they be seen? I cannot claim to know the answer, but there is a massive difference.

What changes do you grasp and who is making them for you?

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Tagged as ageuk.org.uk, CDU, Chancellor Merkel, Charles Dickens, Claudia Wells, Crispin Blunt, Diplomatic Corps, Donald Trump, Douglas Flint, Ed Llewellyn, Facebook, FN, Front National, FTSE 100, HMRC, Marine Le Pen, Mario Draghi, Nigel Farage, ONS senior statistician, SDP, Sigmar Gabriel, Sir Kim Darroch, the Guardian, Thomas de Maizière, UK, Xavier Rolet

October 25, 2016 · 14:19

The risk of androgynous automation

Today we see another message, another prediction and another approach to make people nervous. This time it is a combined effort from the fields of Oxford University and Deloitte, they find that ‘77% probability of ‘repetitive and predictable’ roles being automated‘ (at https://www.theguardian.com/society/2016/oct/25/850000-public-sector-jobs-automated-2030-oxford-university-deloitte-study).

So how true is this?

Actually, there is a lot of truth in it. The truth is not just a given, it is an essential need. Yet the headline ‘Study says 850,000 UK public sector jobs could be automated by 2030‘ is a problem, not one of disaster, but one of opportunity possibly missed. The article gives us a few things, including links to the full report (indirect), which is a good thing and let’s be honest, Deloitte is no PwC; they stand miles above that group of Excel users. My first issue is with page 2. Not because it is incorrect, but the difference from my view is as I see it more than semantics. You see, they state “eliminating the budget deficit – into an era of parallel challenges as it moves towards Brexit“. I believe that Brexit will enable over time a speedier recovery of the deficit, it will be no picnic, but it will happen. Which is why I in earlier writing opposed the view the independent had. They wrote “Britain’s largest banks are planning to move business overseas due to uncertainty over the Brexit process, the head of the British Bankers’ Association has warned“, where my response in a decently diplomatic tone was “So, let them fuck off! The moment they feel the initial 2018 collapse of the Euro and the US Dollar, which will be voiced as ‘our currency will face a temporary contraction of value’, then they will see the cost they face and the revenue they are now missing out of. So, feel free to consider to return after learning that mistake under conditions of massive administrative fees for consideration of inclusion into the UK economy“. This is not an empty view, when the UK returns to strength, those moved away will see contracting economies in Germany, where the Deutsche Bank will be desperate to retain business out of fear of the damage of ‘written off’ collapsing corporations. France will be in a similar state, but there Crédit Agricole and Natixis are the Powerbrokers and neither will consider some ‘grocery bank’ that is relocating to ‘new shores’, so these moving banks will not be too welcome there. And several other nations are in a similar setting. So what is left? Italy? Greece? Good luck with that idea!

So as the UK is facing new issues and new challenges, Deloitte is showing that it is not all roses. The report shows on page 12 “The OECD and IMF views are backed up by OBR analysis that suggests spending on investment, public services and benefits are the interventions most likely to provide rapid economic boosts while providing a platform for medium and longer term growth“, this illuminates an earlier issue that has been mentioned by yours truly (aka: me) more than once. It isn’t just the £11.2 NHS IT failure the UK Labour party gave its citizens. The bigger issue is that governments at large have had a failing grade in managing such projects. Over micro-managing made these projects too massive and in the end no longer feasible or realistic. If this is the path, than it needs to precede an altered adjustment in procedures on how to manage and set these projects. The issue we see that still is required for the NHS, also clearly shows that the political interference tends to be a hindrance rarely a solution. However, the political part cannot be removed, but the entire setup can be altered in another way. A clear definition of what is required, that would after this point be scrutinised by proper IT specialists working for the government (to keep that part of the costing down), only then when that part has been dealt with, can the project move into a new field. If this was the Law and Mental Health, it might be best phrased that the government needs an IT version of a Diagnostic and Statistical Manual of Mental Disorders (DSM-5). Such a manual would need a data requirement part, and application part, a data networking part and a security part. Until such an approach is made, the need that we see, will end up being a massive expenditure towards the Exchequers chest, with the risk of no result and no alternative. These paths make sense in two ways. In the first there will be a lot more clarity on what is requested, required and delivered. There will be less contractual mud and as such whomever took the project will be responsible for the delivered bad boy and it would show a clear path of adjustment and repairs (where needed).

There is even a new side in this, it will shape the required need of technical universities. Because as they become involved, delivering the hours and manpower towards these projects, the costing will be reduced, the Universities will also gain an income and their students would end up with a partial career and years of work and subsequent income. You see, the need to move away from these ‘conceptual consultants’ and selling concepts not products is an essential need to make it all work. There is even an additional benefit that larger IT corporations will lose their grip on governmental budgets and it will serve a wider audience, a change that has been overdue for at least 10 years.

The report gives on page 20 the public’s attitude. My issue is number 2. “More people expect public services to get worse because of Brexit“, I am not sure if that is complete. It is not incorrect, but the point of focus would reset really quickly when we consider the Guardian where we read “Deloitte’s previous work has shown that all sectors will be affected by automation in the next two decades, with 74% of jobs in transportation and storage, 59% in wholesale and retail trades and 56% in manufacturing having a high chance of being automated“, any automation where we see the change from personal towards an automated androgynous system, tends to cause waves of rejection and stress. Even today, we still have an automated irritation when we hear ‘press 1 for sales‘. Until we can upgrade these systems into a much better evolved system, automation will fluctuate into people seeking other avenues in acquiring that what they need. In addition, there is still an aversion to automated sales in some areas as distribution misses the quality marks the recipient demands in some cases. Now, we can all agree that there is plenty of evolution in this field and the evolution is growing in many directions and in long before 2030 we will have systems that are vastly superior to the systems we have today, that is the way the beast tends to work. There is also a given that we cannot yet predict how that will be in 5 years, yet all this requires a solid foundation between sales, services and facilitation/distribution and that part is currently still missing.

Now we get to the part that is a little bit of an issue with the report. We see that the top issue is ‘Better public transport‘, but better how? We see it on page 21 of the full report, so when we see ‘What things would you say would most improve public services in your area?’ Here, I miss a part where we see what the audience now feels is missing or failing. Is it prices, the amounts of times the public transport comes in, how busy it is (no sitting options), you see, they all come with extra costs. More busses means more costs. The solution that seemingly addresses all three mentioned, but is that the failure, the flaw or is it something else? I think that this issue remains subserving to the public’s personal issues ‘Poverty, inequality and low pay‘ as well as ‘Housing‘, which is all about the quality of life for most people. How to address that part is also an issue and automation does not address these policies in any way. Which is respectively 20% and 18% of an asked population of 1099 adults, which in my view is a population way too small to set this ‘State of the State‘ to. For a decent level of reliability, especially as the UK is a mere 65 million people, having a response quota 5,000-10,000 on a national level would have been an essential first. If the results were weighted towards the UK demographics, than it is likely that this report will have additional ‘flaws’, making me wonder who signed off on the requested paper?

There is another side the Guardian gives “However, in contrast to the doomsayers who predict mass unemployment, the firm has argued that over the last 140 years automation has created more work than it destroyed“, I am on the side of Deloitte here. In addition to creating more work, from the issues I raised earlier when considering that 10%-20% is moving towards retirement, the new jobs that are brought will be largely long term jobs and as the setting from tertiary IT education focusses on the governmental automation needs it already has as well as those we will likely see over the next 5 years, the overall quality of the workers in this field could rise almost exponentially when set this against the prepared workforce in the last 10 years. The result of better and more focussed workers will also increase the curve of automation as well as the quality of it. Part of the new data world is discussed on page 34 of that report. the quote “A police and crime commissioner compared data security challenges in the public sector to those in banking, concluding that banks “have secure information and have got away with it”” reads a little weird, yet the foundation of it is a requirement factor that will grow immensely. That field will grow in two ways. The first is the growing field of non-repudiation, a clear register that a certain person accessed certain data and only that person could have done it. This field especially if a cause for concern because there is a gap in technology here and especially in the case of NHS data, that gap needs to be filled (as well as several other fields). Should you doubt that, or prefer to trivialise this, then look towards Ashley Madison, the Office of Personnel Management, Anthem, Hacking Team and Premera. In effect totalling the endangered personal details of up to 150 million people. And this is only the hacks of 2015. When we see the upcoming move towards domotics, the overall danger of personal data getting out has the option of growing the number of people exposed by 1000%, basically a lot more than the complete UK population, at that stage even the sheep, sheepdogs and pony’s on Shetland could find their personal details online. This industry will grow, with a large club of international career opportunities in IT and the growing niche of Data Security.

In the end, we can agree with the numbers, or we can disagree. No matter how the meat is sliced, the recommendation on page 49 are in the end what matters. That part reads a little too diplomatic, but in all fairness they are points that count. Yet, as I personally see this, especially when set against page 2, I am missing something. You see, in my view, there is an item 6. I would state “This state will need to grow into a different dynamic (Government, Non-Profit and Commercial), it requires to grow its government policies by actively engaging and hiring the final year students into its governmental workplace and make them part of the IT evolution“.

It is my view that corporate needs will always exist, yet by preparing these students, graduating them and for them to adhere to corporate policies as they sell their innovations to government is all good for those corporations and I am not against that, because they will get a massive dose of that throughout their careers. There is nothing wrong by having these places of education create part of the engines of solution for the UK government. It falls directly in line with the thoughts in recommendations 2, 3 and 4.

The paper is a lot more than just about IT, even though IT takes the forefront here. When we look at the Guardian quotes “Interactive roles, which require “a high degree of personal interaction, including jobs such as teachers, social workers and police officers”, face a 23% chance of automation“, “senior staff in “cognitive roles that mostly require strategic thinking and complex reasoning, including finance directors and chief executives”, 14% have a chance of being automated” as well as “but the number of health service staff in this “interactive” job is expected to fall to 266,000 by 2030“. This grows another side in the IT business. Over the next 10 years we will see evolution and change as we see CRM systems and the interpretation of ‘What is a CRM system?’

The interpretation of ‘manage and analyse customer interactions and data throughout the customer lifecycle‘ has gone through massive change due to places like Google and systems like Facebook. This is an ongoing path and the inclusion of 5G and domotics over the next 5 years will create even more waves. It is starting to be almost essential that governments at large (not just the UK) are grabbing these changes by the proverbial balls before we see another iteration of lagging adapted technology. It is not the requirement to be ahead, but to be ‘inclusively ready’ will turn the tables on many issues. To be ready to include within the current technological iteration would give an additional decade of data and opportunities, whilst not adhering to these large changes could become increasingly costly over time. In an age where we move towards automation the need to be ahead is not the most essential one, it is staying behind where the danger lies. In that regard, you end up having to adhere towards whatever the commercial technologist brings, instead of shaping technology in ways where it is most useful for you.

A lesson most have learned the expensive way in this generation.

If there is one part I have to disagree with, than it is “Our wider research on automation also shows that while jobs are displaced by automation, new, higher-skilled and better paying jobs are created as a result“, the issue is not the need for these people, but as governments are no longer able to afford certain pricing plans (as those commercial managers hope they could price them at), it becomes a market where the cheapest provider is willing to offer it on, meaning that junior staff gets to be under higher scrutiny for less money, in a place where unemployment is relatively high, these hiring managers will get away with it. I reckon that the market will positively adjust by 2021, but that is still 5 years away. Unless you are a niche specialist, it will be your fate, but overall the quality of life would start to go up by 2019 (due to rising cost of living, aka rent), that is if you have the right degrees.

A slightly gloomy picture that is absent of doom and still a lot better than the issues the EU population overall is facing over the next 3 years.

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Tagged as 5G, Anthem, Ashley Madison, Brexit, Crédit Agricole, CRM, Data Security, Deloitte, Deutsche Bank, domotics, Facebook, France, Germany, google, Greece, Hacking Team, IMF, IT, Italy, Natixis, NHS, OECD, Premera, the Guardian, the Office of Personnel Management, The State of the State 2016-17

September 10, 2016 · 15:07

The Zuckergate Censorberg Act

Yesterday an interesting issue got to the FrontPage of the Norwegian Aftenposten (at http://www.aftenposten.no/kultur/Aftenposten-redaktor-om-snuoperasjonen–En-fornuftig-avgjorelse-av-Facebook-604237b.html) and for those who are slightly Norwegian linguistically challenged, there is an English version at https://www.theguardian.com/technology/2016/sep/08/facebook-mark-zuckerberg-napalm-girl-photo-vietnam-war.

It is something we have seen before. Although from a technical point of view, the editing (read: initial flag) is likely to have been done electronically, the added blame we see when we get to the quote “Egeland was subsequently suspended from Facebook. When Aftenposten reported on the suspension – using the same photograph in its article, which was then shared on the publication’s Facebook page – the newspaper received a message from Facebook asking it to “either remove or pixelize” the photograph” shows that this is an entirely different matter. This is now a censoring engine that is out of control. The specification ‘either remove or pixelize’ does not cut it, especially when it concerns a historical photo that was given a Pulitzer.

I am actually considering that there is more in play, you see, the Atlantic (at http://www.theatlantic.com/technology/archive/2016/05/facebook-isnt-fair/482610/) said it in May when it published “Facebook Doesn’t Have to Be Fair. The company has no legal obligation to be balanced—and lawmakers know it“, which is the title and subtitle and as such, the story is told and politicians like John Thune experienced how a social network can drown out whatever it wants (within reason). So when you see something is trending on Facebook, you must comprehend that it is not an algorithm, but contracted people guide its creation and as quotes in the Atlantic “routinely suppressed conservative news“. Yet this goes further than just censorship and news. As the Editor of Aftenposten raises (and others with him), Mark Zuckerberg has now become the most powerful editor in the world. He now has nothing less than a sworn duty to uphold the freedom of speech to a certain degree, especially when relying on algorithms that are unlikely to cut the mustard on its current track. It now also opposes the part the Atlantic gave us with the subtitle “The company has no legal obligation to be balanced—and lawmakers know it” showing Sheryl Sandberg in a ‘who gives a fuck‘ pose. You see, at present Facebook has over 1.7 billion active users. What is interesting is that the acts that he has been found guilty of acts that negatively impacts well over 50% of his active user base. Norway might be small, but he is learning that it packs a punch, and when we add India to the mix, the percentage of alienated people by the censoring act of Facebook goes up by a lot. So even as there is the use of blanket rules, the application is now showing to be more and more offensive to too many users and as such this level of censorship could hurt the bottom dollar that every social media site has, which are the number of users. So as Mark Zuckerberg is trying to get appeal in Asia, he needs to realise that catering to one more nation could have drastic consequences to those he think he has. Now we understand that there needs to be some level of censorship, yet the correct application of it seems to go the wrong way. Of course this could still all go south and we would have get used to log in to 顔のブック, or 脸书. Even चेहरे की किताब is not out of the question. So is that what Zuckerberg needs? I know the US is scared shitless in many ways when that happens, so perhaps overseeing a massive change into the world of censoring is now an important issue. Espen Egil Hansen said it nearly all when he stated “a troubling inability to “distinguish between child pornography and famous war photographs”, as well as an unwillingness to “allow space for good judgement”” is at the heart of the matter. In that regard, the issue of “routinely suppressing conservative news” remains the issue. When you censor 50% of your second largest user base, it is no longer just a case of free speech or freedom of expression. It becomes an optional case of discrimination, which could have even further extending consequences. Even as we sit now, there are lawsuits in play, the one from Pamela Geller, a person that only seems to be taken serious by Breitbart News is perhaps the most striking of all. Pamela (At http://www.breitbart.com/tech/2016/07/13/pamela-geller-suing-facebook/) with the quote “My page “Islamic Jew-Hatred: It’s In the Quran” was taken down from Facebook because it was “hate speech.” Hate speech? Really? The page ran the actual Quranic texts and teachings that called for hatred and incitement of violence against the Jews.” is a dangerous one. It is dangerous because it is in the same place as the Vietnam photo. The fact that this is a published religious book makes it important and the fact that the book is quoted makes it accurate. The blaze (at http://www.theblaze.com/stories/2016/01/05/an-israeli-group-created-fake-anti-israel-and-anti-palestinian-facebook-pages-guess-which-one-got-taken-down/) goes one step further and conducted an experiment. The resulting quote is “The day the complaint was filed, the page inciting against Arabs was shut down. The group received a Hebrew language message from Facebook that read, according to a translation via Shurat HaDin, “We reviewed the page you reported for containing credible threat of violence and found it violates our community standards”, the page inciting against Jews was left active.” This indicates that Facebook has a series of issues. One cannot help but wonder whether this issue is merely bias or the economic print the Muslim world has when measured against a group of 8 million Israeli’s or perhaps just the population of 16 million Jews globally. With the Aftenposten event, Facebook seems to have painted itself into a corner, and if correct several lawsuits that could soon force Facebook to have a rigorous evaluation and reorganisation of several of its internal and external departments.

Because if Content is the cornerstone of Social media, the need to keep a clear view of freedom of expression and freedom of speech becomes even more important. In a product that seeks the need for growth that should have been obviously clear.

There is however a side that is not addressed by any. You might get the idea when you see the Guardian quote “News organizations are uncomfortably reliant on Facebook to reach an online audience. According to a 2016 study by Pew Research Center, 44% of US adults get their news on Facebook. Facebook’s popularity means that its algorithms can exert enormous power over public opinion“, the fact that Facebook might soon be hiding behind the ‘algorithms‘ as we see Facebook go forward on a defence relying on their version of the DEFAMATION ACT. In this example I will use the DEFAMATION ACT 2005 (Australian Law), where we see in Article 32

32 Defence of innocent dissemination
(1) It is a defence to the publication of defamatory matter if the defendant proves that:
(a) the defendant published the matter merely in the capacity, or as an employee or agent, of a subordinate distributor, and
(b) the defendant neither knew, nor ought reasonably to have known, that the matter was defamatory, and
(c) the defendant’s lack of knowledge was not due to any negligence on the part of the defendant.

(2) For the purposes of subsection (1), a person is a “subordinate distributor” of defamatory matter if the person:

(a) was not the first or primary distributor of the matter, and
(b) was not the author or originator of the matter, and
(c) did not have any capacity to exercise editorial control over the content of the matter (or over the publication of the matter) before it was first published.

By relying on Algorithms, Facebook could now possible skate the issue, yet this can only happen if certain elements fall away, in addition, the algorithm will now become part of the case and debate muddying the waters further still.

Hanson does hit the nail on the head when it comes to the issues he raises like “geographically differentiated guidelines and rules for publication”, “distinguish[ing] between editors and other Facebook users,” and a “comprehensive review of the way you operate”. He is not wrong, yet I have to raise the following

In the first, when you decide to rely on “geographically differentiated guidelines and rules for publication”, you also include the rules of who you publish to. This is the first danger for Facebook, their granularity could fall away to some extent and Facebook advertising is all about global granularity. It is a path he would be very unwilling to skate. Open and global are his ticket to some of the largest companies. When this comes into play, smaller players like Coca Cola and Mars could soon find the beauty of moving some of their advertisements funds away from Facebook and towards Google AdWords. I am decently certain that Google will not be opposing that view any day soon.

In the second “distinguish[ing] between editors and other Facebook users” is only part of the path, you see when we start classifying the user, Facebook could start having to classify a little too much, making any distinguishing of such kind additional worries in regards to discrimination. Twitter faced that mess recently when a certain picture from one Newspaper was allowed and another one was not. That and the fact that a woman named Molly Wood (her actual name) was not allowed to use her name as her Facebook name, which is a matter for another day.

In the third the issue “comprehensive review of the way you operate” which is very much in play. The cases that Facebook has faced regarding content and privacy are merely the tip of the iceberg. We can all agree that when it is about sex crimes people tend to notice it, I am speculating for the most because of the word ‘sex’. So when I saw that there is a June reference (at http://www.mrctv.org/blog/facebook-censuring-international-stories-about-rapes-muslim-refugees), when Facebook removed a video from Ingrid Carlqvist for the Gatestone Institute, where she reports that there has been a 1,500% increase in rapes in Sweden, I was wondering why this had not found the front page of EVERY newspaper in every nations where there is free speech. The Gatestone Institute is a not-for-profit international policy think tank run by former UN Ambassador John Bolton, so not some kind of radicalised front.

In that regard is any kind of censoring even acceptable?

This case is more apt than you think when you consider the quote we see, even as I cannot give weight to the publishing site. We see “Facebook may have been incited to censor this story by a new European Union push in cooperation with Facebook, Twitter, and Google to report incidents of racism or xenophobia to the authorities for criminal prosecution” with the by-line “In order to prevent the spread of illegal hate speech, it is essential to ensure that relevant national laws transposing the Council Framework Decision on combating racism and xenophobia are fully enforced by Member States in the online as well as the in the offline environment. While the effective application of provisions criminalising hate speech is dependent on a robust system of enforcement of criminal law sanctions against the individual perpetrators of hate speech, this work must be complemented with actions geared at ensuring that illegal hate speech online is expeditiously reviewed by online intermediaries and social media platforms, upon receipt of a valid notification, in an appropriate time-frame. To be considered valid in this respect, a notification should not be insufficiently precise or inadequately substantiated“, which was followed by “No matter why Facebook decided to remove Ingrid Carlqvist’s personal page, it doesn’t lessen the fact that this is another example of their political censorship, and their desire to place political correctness over freedom of the press and freedom of expression”

Now this part has value and weight for the following reason: When we consider the earlier move by Facebook to relay on algorithms, the European Commission (at http://europa.eu/rapid/press-release_IP-16-1937_en.htm) gives us: ‘is expeditiously reviewed by online intermediaries and social media platforms, upon receipt of a valid notification, in an appropriate time-frame‘, which could imply that an algorithm will not be regarded as one of the online intermediaries, which means that the human element remains and that Facebook cannot rely on the innocent dissemination part of the Defamation Act, meaning that they could end up being in hot water in several countries soon enough.

As parting words, let Facebook take heed of the words of Steven Spielberg: “There is a fine line between censorship and good taste and moral responsibility“.

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Tagged as Aftenposten, aftenposten.no, Breitbart, Defamation act 2005, Espen Egil Hansen, Facebook, google, Google AdWords, John Thune, Mark Zuckerberg, Pamela Geller, Pew Research Center, Quran, Sheryl Sandberg, Shurat HaDin, Steven Spielberg, The Atlantic, the Blaze, the Guardian

August 27, 2016 · 15:47

The Validity of Targeted Killing

This is not some euphemism like the trials and tribulations of Ezio Auditore da Firenze. This is not a game, nor is it some romantic twist. It is the harsh reality of a government that didn’t get it to begin with and now as the body count ads up, it has painted itself into a corner and until it wakes up and gets active, its citizens will be placed into immediate harm. The undeniable consequence of a flaccid government set to inaction. The nice part is, is that governments at large are all on the same boat. The US, nominated as the most stupid one, followed by the European Community at large, the Commonwealth and a few more nations. It seems that in this specific case China is the only clever participant (in this specific case).

To give you the connections at hand, we need to realise what exactly is Targeted Killing. In this case it is the ‘Assassination by a state organisation outside of the judicial procedure or a battlefield’. Yet in this, the existing definition is not complete or correct. In this day and age, assassination is done in a multitude of ways, not always corporeal being lethal, but in some cases that might actually have been an act of mercy if it ended that way. So what is this about?

You might think that it started with ‘WhatsApp privacy backlash: Facebook angers users by harvesting their data‘ (at https://www.theguardian.com/technology/2016/aug/25/whatsapp-backlash-facebook-data-privacy-users), but you would be wrong. This is not the start, but it might be the end of the beginning. You see, the one part that people forgot is that data once captured will be an entity onto itself, it will take on a life of its own, your shadow self, but a part you no longer have control of. You see, you still control your shadow, you step away from the light and it moves your shadow, when all the light is gone, your shadow is dead, because it only lives through your indirect interaction with light. The link we have initially is: ‘WhatsApp to give users’ phone numbers to Facebook for targeted ads‘, which the Guardian published 2 days ago. You see, the subtitle “Messaging service will begin sharing private information with Facebook and is preparing to allow businesses to message users” gives us the consequence. Our data is no longer our own, we gave that right up and as such, data is now starting to get shared with people we did not consider it could be shared with. So even if we see that this reflects on ‘phone numbers’ this first step is more than that as we see ‘sharing private information‘, when you consider the quote “They will have 30 days to decide whether to opt out of their information being used for ad targeting on Facebook, but will not be able to opt out of their data being sharing with the social network“, you might get a first idea of how bad things could possibly become. The quote “Whether it’s hearing from your bank about a potentially fraudulent transaction, or getting notified by an airline about a delayed flight, many of us get this information elsewhere, including in text messages and phone calls“, this quote seems nice, but that is not the information some are looking for. Consider how often you called a health professional. Now consider that the insurance agencies start digging into all the calls they can get their hands on. They can data-mine it by linking that to all the health professionals that work through them. Let’s put that into a state of reference you will understand.

Any person is likely to be connected to health professionals and pharmacies. Like your GP (physician), a Chemist and perhaps a Medical Clinic. Now consider that if you have called any of these places in total 4 times or more this year, your insurance could go up by 10%, and an additional 2% for any additional call in that time period. This will be worth Millions to that insurance agency, because they will get the data that involves 10% or more of their customer base. Now, this last part is a little speculative. The reason is that clear information is not out there. Some state that WhatsApp has 8% coverage in the US, whilst another source states 34%. There is no clear number we can trust because those behind WhatsApp are also aware that high numbers will cause concern, so we get bombarded with specific information, not giving us an exact picture. Yet for the US, we see that the number of users is between 26 and 79 million, which is too large a fluctuation, yet in other places like South Africa, where the usage is 68% and 72% in Brazil. Now we have another matter, because insurance agents, in these areas can form a health hazard image with much greater precision, it maximises their profits and changes a health entity into a ‘milking solution’ of healthy people, the others can sit on expensive bills and die of their own good accord.

That is what the article does not bring forth and that is what is only just below the surface. It is all happening because of two sides. On the one side, political players left too many backdoors open, meaning that in reality these players will never be prosecuted in any way. On the other side, a clear information pass to all people alarming them of the dangers that data collection brings was not in the cards either. Here, the governments get a little bit of leeway as no one truly saw the impact that social media would have, Facebook changed it in many unimaginable ways.

With WhatsApp now surpassing the 1 billion user market we now have a player that has global coverage, making that data worth a lot to some players, the insurance world is only one of them. Consider the interaction of Mobiles and the internet and what other information is being collected. That is now becoming clear and as certain cases saw in the past, data might be deleted, but will never be wiped, so as such we now have a massive issue and this is only the beginning. You see, even as the people at WhatsApp are trying to put your fear to sleep. The quote “WhatsApp said: “We won’t post or share your WhatsApp number with others, including on Facebook, and we still won’t sell, share, or give your phone number to advertisers.”” should not diminish that fear. You see, “we still won’t sell, share, or give your phone number” is not the art that matters. What does matter is what unique identifier will be shared and no matter what the foundation of that number is, once it is decomposed to its core and can be made uniquely identifiable, it will start the next push towards the epitaph of privacy.

So how does this relate to targeted killing?

You see the plain fact is, is that we no longer have a correct view on how politicians view ‘the long term’. You see, ‘for the good of all’ is now a hollow statement, especially when we consider the latest president of the US and more important, the impact that whomever comes next has. We can see that in the following links ‘Corporate tax reform is vital to boosting America’s growth‘ (Financial Times), where we see “In the intervening years, nearly every developed country has reformed its tax codes to make them more competitive than that of America. Meanwhile, the US has allowed its tax code to atrophy“, which is one way to tell the story. What is the crux is that for too long tax breaks were given to large corporations. Tax breaks that allowed them to operate for nearly free, making the revenue they obtained, to be ‘the profit they got’. In addition we see ‘Treasury Department Criticizes EU on Corporate Tax Probes‘ (at http://www.wsj.com/articles/treasury-department-criticizes-eu-on-corporate-tax-probes-1472059767), here we see “U.S. officials also see a potential risk to the federal budget. Under current law, U.S. companies owe U.S. taxes on the profits they earn around the world and get tax credits for payments to foreign governments. To the extent they pay more in Europe, they could pay less to the U.S. when they repatriate the money or when Congress imposes a mandatory tax on their stockpiled foreign profits“. Here we could go into ‘Yay, America, good for you mode‘, but the truth is that part of 325 American Consumers (many of them being non-consumer) is nothing compared to the billions of consumers companies like Apple are getting their profits from. The linked White paper (added at the end) states “Beginning in June 2014, the Commission announced that certain transfer pricing rulings given by Member States to particular taxpayers may have violated the EU’s restriction on State aid. These investigations, if continued, have considerable implications for the United States—for the U.S. government directly and for U.S. companies—in the form of potential lost tax revenue and increased barriers to cross-border investment. Critically, these investigations also undermine the multilateral progress made towards reducing tax avoidance“, a paper that comes from the US Treasury. Perhaps people there like Jacob J. Lew and Sarah Bloom Raskin should have realised the long term consequences that they thrust towards others and are now thrust back onto them. If the treasury would not have been so stupid to send a member of the USC (United States of Cowards), namely President Obama to make a presentation in The Hague in 2013, where we see a refusal to back international taxation laws to allow for tougher calls on digital companies. The official quote was “senior officials in Washington have made it known they will not stand for rule changes that narrowly target the activities of some of the nation’s fastest growing multinationals“. I dealt with this in my articles ‘Delusional‘ (at https://lawlordtobe.com/2016/04/07/delusional/) and ‘Ignoranus Totalicus‘ (at https://lawlordtobe.com/2016/04/24/ignoranus-totalicus/), which I wrote on April 7^th and 24^th of this year. So perhaps hoping for as they state it an “unforeseeable departure from the status quo” was not the best idea to have, especially as maintaining the Status Quo screwed up Greece for economic life and it got them Brexit! Two elements that will push taxation changes in the European Union even further.

So how stupid were they?

Well, from one side we could state ‘extremely so’, yet that would ignore the part that is ignored by many. The truth is that players like Apple, Google and Facebook now have powers that exceed many governments and they have the benefit of not being in debt. So it amounts to Facebook giving a presentation to these so called ‘Senior Officials’ in Washington with on the last slide they see ‘Monkey see, Monkey do!’, and the presentation, minus the final slide gets send around by so called senior officials. Our lives now firmly in the hands of non-elected officials.

That is the crux, because it can only stop with massive changes to the taxation system, with the dangers that it will break the back of national economies. It is that regard that made Brexit a necessary evil and when official discussions start in 2017 as Article 50 comes into play, the line of taxation will change even more. All because those who needed to advocate change were unwilling to clearly speak out and now hell comes for its pound of flesh.

Now we can complete the targeted killing part that was unclear. You see the definition should be: ‘The Assassination by a ruling organisation outside of the Judicial procedure or a battlefield‘, which now puts Facebook in play. You see, when Brad J. Bushman Ph.D. wrote ‘It’s Time to Kill the Death Penalty‘ (at https://www.psychologytoday.com/blog/get-psyched/201401/it-s-time-kill-the-death-penalty), he forgot a few parts. Now, this is a good article and seeing the sides he discusses in the frame it was written is well worth reading. Yet, when he states “The Death Penalty Models the behaviour it seeks to Prevent” is about the act of corporeally killing a person. Then we get ‘You Might Kill the Wrong Person‘ which is a valid argument any day of the week. Now consider those who would kill you in different ways. When Facebook bans you for life, it stops you from interacting and as such you become a social pariah, an outcast and you are withdrawn from social circles, yet their model is not about your limit to interaction. When they sell on your data you run the risk to get barred from certain rights. Rights to medical support as insurance agents find you a risk and make the monthly fee no longer affordable. It will potentially change your data as you are a risk to finances and limit or stop creditability for a house. Algorithms will stop you to move forward. You will be dead in the soul as the rightful interactions for your way of life are removed from you, mostly all from predictive modelling, an expected future, not a given fact. You become guilty until proven incorrectly processed. It is still targeted killing, but one of a different kind. And in all this Facebook would never be made accountable for any of this. That is the part that all seem to ignore. Those who do prosecute it will try to get a large fine out of it, yet the people wronged will still be regarded as ‘executed’.

Now in light of all this and all of you would have seen, consider the statement that the ACLU gave “The capital punishment system is discriminatory and arbitrary and inherently violates the Constitutional ban against cruel and unusual punishment. The ACLU opposes the death penalty in all circumstances, and looks forward to the day when the United States joins the majority of nations in abolishing it“, being excluded from healthcare as insurers make certain paths unaffordable is certainly discriminatory, especially as the true vetting of the data that is used against the people cannot be verified and is forced upon a ‘victim’. In addition, the isolation that results from these actions can be regarded as torture.

So how was there not a stronger level of protection? That part is harder to argue as it was your personal freedom to join up to these services and once the data is given, when the service changes its foundational work, we have no say over the removal of already collected data. So when we consider the quote “The service will not be merged with Facebook’s other chat-based service Messenger or photo-sharing service Instagram. But all services under Facebook will gain access to WhatsApp users’ phone numbers and other account information, and it can be used to suggest contacts be added as friends“, so now we see the dangers that professional contacts become social contacts (read: ‘friends’). I have seen that this could end up being a great way to kill your own career and in this day and age, those without a job tend to lose a lot more than just a job. An efficient and bloodless way to expedite targeted killing whilst not leaving any blood on the floor or a corpse. They are true fears beyond the death sentence in this day and age, a fear which cannot be altered as taxation dollar to support these people are not coming in any day soon. It is a potential nightmare to many registered users. If only the right laws had been enacted to prevent this from happening. So even as there might not be any validity in targeted killing, we are now in a place where it can happen, and it is not considered as such, as there is no corpse to process and in the corporate spreadsheets validity is not an actionable point, it merely is not illegal, making it valid and legal for all pushing towards an economy of data sales.

Have a great evening and do not forget to update your status to ‘it’s complicated‘, because it truly is about to become that for plenty of registered social media users.

White-Paper-State-Aid

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Tagged as ACLU, Apple, Article 50, Brad J. Bushman Ph.D, Brexit, China, Commonwealth, European Community, Ezio Auditore da Firenze, Facebook, Jacob J. Lew, President Obama, Sarah Bloom Raskin, US, US Treasury, WhatsApp

July 28, 2016 · 21:07

What we waste away

This is an issue that bugged me for a little while. Even though it started small, the near exponential growth of waste is now looking towards me, looking at me as I look into an abyss of squandered opportunity. You see, this is in part the Monday morning quarterback speaking, whilst in that same view I should hold a mirror to my own choices. Just like you should do.

The idea for this article started small, it started when I realised that Huawei was willing to sacrifice its Australian market share by tweaking the skewing profits they have. They are now making short-sighted decisions and as they do that, they stand to lose close to 10% of the Australian market share. So why waste that? Let’s not forget that before the P7 Huawei was almost synonymous with ‘whazzat?’ and now after the P7, which was and still is awesome, after a less appreciated P8, Huawei is close to being a global household name. Now with the Nexus being a little outdated (Nexus 6P), the 9P could have been ready to gain a decent market share, hurting both the iPhone to a lesser degree and the Samsung phones to a larger degrees. So what does Huawei do? They decide to not release the 64 GB in Australia. Now until recently, we could have expected that, yet when you consider the exponential demand for mobile games that Pokémon GO is pushing, the fact that we now see ‘Apple plans to invest in augmented reality following success of Pokémon Go‘ (at https://www.theguardian.com/technology/2016/jul/26/apple-earnings-pokemon-go-augmented-reality-steve-cook), whilst the players are not thinking their decisions through could be regarded as a larger (read: massive) act of wasting away opportunity.

So why is this a waste?

Until Pokémon GO, the need for storage had not been visible to the degree we thought we needed. Even I did not see this coming and I have been connected to games and gaming in excess of 30 years. Forbes (at http://www.forbes.com/sites/bensin/2016/07/25/these-photos-show-how-crazy-the-pokemon-go-craze-is-in-hong-kong) gives us a clear view with the quote “special phone plans from local companies offering unlimited data usage just for the game“, which shows the amount of users, but not the need for storage. The fact that millions of people are now getting dozens of screenshots every day (more than before) of every Pokémon they caught and even more interesting where it was caught. Of course the average teenager is also feeding the image streams on how they caught a Diglett on their boxer short, so the wildfire of images is growing. All these images require storage and this is only the first game, within a year I expect close to a dozen games with features requiring storage, because there will always be copycats. So do you really think your 32 GB phone will suffice? I think not, with all the other needs your mobile life has, buying any phone less than 64 GB from this point onwards is a massive flaw. It is short-sighted, even if you are not a gamer, this market is erupting into new fields and the chance that this will not affect you is near impossible. So as the difference should be no more than $100, sticking with the 32 GB is in my view for the nuts and fruits, the fibre based mobile user needs 64 GB, yes there is in some cases a 128 GB, yet this is except for the very few really overkill, you need to be a seriously intense user of large files to really need something this big, but by 2019, who can tell?

In my view, you need to consider a mobile phone for the next 2 years. 32 GB will not cut it, especially as Android OS is also growing and will require more space.

Now it is time to take a look at the Apple side, the Guardian gives us “The comments came during an earnings call to discuss the results of the company’s third financial quarter, the three months ending 30^th June, in which the company earned $42.4bn in revenue, a 15% decline from the same period last year“, so as Tim Cook is making claims towards Augmented Reality (AR) he seems to have forgotten that Nintendo, with their 3DS got to that point 5 years ago. So, not only did he miss that entire cycle, we can conclude that 3 iterations of new Apple products were not near ready either, so he is running behind the ball, whilst someone saw the AR on the 3DS and game it a little more thought. As we see how Microsoft has been bungling some of their projects, in all of those steps Apple wasn’t just absent, they had no clue where the gaming world was, so as they are trying to pick up the pass, we see the lack of innovation and shear absence regarding the creativity of options that Apple happily avoided. Now as some ask questions we see a sudden mention of AR whilst none of the hardware is ready to facilitate innovation for this track.

As I stated that all (including me) missed the hype this caused and yes, it is a hype but one that is creating a beachhead, not one that is fading away. So Nintendo has options and opportunity here. Beyond the IP needs that are now rearing its ugly head, we need to realise that Apple is now moving to the shallow end of the pool. They moved from innovator to facilitator and until they change the mindset on what a gamer wants and what a game needs to be Apple is now the one barking up the wrong tree. In that regard evidence of their hardware is simple enough. Only the iPhone 6 started to have 2GB or RAM. The issue is that games tend to be memory hungry and no matter how good the swap architecture, the fact that you need it will drag gaming speed and swapping speed down, which makes for a bad solution. The fact that Huawei is skewing profitability by limiting storage is less on an impact, but knowing full well the impact on mobile gamers, the fact that Huawei has not adjusted it view means that they will not be able to keep up. That last one is a little incomplete for Australia, because it is one of the few places where the mobile phone providers do not offer a 64 GB edition, whilst the models do exist. Here we get that Kogan.com is the only open provider offering 64 GB phones, in the non-open field it is only Telstra that offered it (their iPhone 6S), the rest is now trailing storage land with a dangerous backlash that could come their way.

So how important is storage? It might not be that big on one side, until you run out. Ask yourself, when was the last time you deleted pictures, removed MP3 tracks and removed APPS you never use? The moment you run out of memory and as you suddenly see that you do not have enough storage you will freak out like the short-sighted PC users who used to think that 20 GB was enough for their PC. Most of those people ran out of resources less than a year after getting their PC, when they did not know how to clean up their PC they started everyone except themselves. That is what you now face with your upcoming needed Mobile, because that moment with your kids, or your partner who just made that one gesture just as a bus passes by and the water pool near her feet became the inverted waterfall covering her, that moment when you miss it will introduce you to the term ‘frustration’, which is the moment as you realise that storage was everything at some points.

Yet these were not the only parts, just the directly visible ones.

There are more options and several are being missed out on. I am currently sitting on a billion in revenue, yet until the right person comes along. I can’t afford to move towards it without leaving it open for others to pick it up. I just need to get lucky. In that same way, some game developers are sitting on optional IP, some are now finding its way towards us in other ways, some through redesign, some through the mini console gadgets, yet they are coming. Is it enough? That depends on your point of view. For those coming with the mini console, it is a way to cash in on old IP in an easy way, a way where the seasoned gamer will get joy from. Just remember that this $99 solution, with the original games which would have come at a price of almost $1900 when the games were initially released, yet I digress.

You see, the need for gaming is still growing and it is moving away from consoles and moving towards the mobile realm of gaming needs. AR is only one field and it is not the only field. Ubisoft had initially created a small wave with a brotherhood app, one that interacted with the console/PC games and soon thereafter stuffed it up with the AC Unity versions by not proper testing and considering options. Yes, that Ubisoft! Still, they are not done! Consider the options they still have. For one, they have the IP of Just Dance. How long until they get the idea to push songs to the mobile and kids in schools and colleges start holding a little Just dance marathon? Sydney of all places is one place where a dance app could make it big not just in the parks, but on the streets too and summer is coming!

How long until that Just Dance would evolve to work in selfie video mode, so that you can get a rating? This would require storage and some of these speculated options could be just around the corner. Even though Ubisoft dropped the ball initially, they are leading the way of combining gaming with mobile gaming. So there are more options that AR games, even if everyone is running that direction (which is not a bad idea), it will require an open mind to find something that could create the interest that the tsunami of Pokémon GO gamers crave. I will let the developers work that out.

The final part can be seen outside of the economic requirements of technology. It is found in the overly eager acceptance of ‘speculative estimation’. It is not based upon what could be, it is not set on the prediction of what already exists, it is seen in the quote “Shares plunge 10% as revenue falls short of analysts’ estimates amid modest gain of 3 million users“. In this case it is Twitter, you know that great tool. A connectivity tool that link you to existing interests, both professional, personal as recreational. No matter that it is limited to 144 characters, it enables you to get the information you care about. An invention that is profound and its value drops as revenue falls short of what a limited group of people expects it to make. So as we see a solution that is making “Twitter forecast current quarter revenue of $590-$610m“, we get the cold shower because some people claim that it is “well below the average analyst estimate of $678.18m“, so we have half a billion profit and someone says it is not enough. This is the waste, reduction in value, reduction of what those who do not create anything is just not good enough. Yet, this picture that the Guardian initially paints is not accurate either. We see should consider this when we take into account Revenue and Profit, no matter what the profit was, it did beat the expectations of some, making me wonder why analysts cannot get their act together.

Some of those are pretty much the same types who would increase the value of Nintendo by 10 billion, even as Nintendo themselves did not make Pokémon GO. Those same category of people who seem to expertly know that Twitter is supposed to have up to $70M more in revenue, did not realise that “Tokyo Stock Exchange has plummeted 17% in one day, apparently due to investors belatedly discovering that the company doesn’t actually make Pokémon Go, the latest mobile gaming phenomenon“, even as we all knew from day one that Niantec is an American development company in San Francisco, they were not making any mention when Nintendo stock went through the roof. So is this just plain playing the field or just short-sightedness? Even as shares went up 13 cents per share (up 3 cents), they had no good news on Twitter. It seems to me that there is a massive waste coming from analysts predicting values, setting targets that are a little too weird even as Twitter had achieved 20% revenue gain, it still missed targets (according to analysts). The pressure on false targets and fake values is dragging down people and it is dragging down quality of life for those who still made well over half a billion dollars. How is that not a waste?

It seems to me that we need to make large changes, not just on the way we think, but on the way we accept certain values. How is pushing by externals in any way acceptable? Let’s consider the following parts. These analysts we all about predicting the ‘opportunities’ for Greece in the era 2009-2012, even as we saw misrepresentation in more than one way. How did that work out for the Greeks? Brexit was never going to happen, they did not catch on to that part until the day of the election, how again did Wall Street overreact? Now consider the following definitions: ‘Slavery existed before written history, it continues through such practices as debt bondage & serfdom‘. Now consider debt bondage, where we see ‘a person’s pledge of their labour or services as security for the repayment for a debt or other obligation‘, our debts, our essential need to work, the pledge of labour as analysts seem to chasten Twitter (and many other companies). Serfdom is another issue. It is not the same as it was. As the description might be seen as: ‘Serfs who occupied a plot of land were required to work for the lord of the manor who owned that land, and in return were entitled to protection, justice and the right to exploit certain fields within the manor to maintain their own subsistence‘, many might deny that this still exists, yet in an age with high levels of unemployment we seem to push out own boundaries to do whatever it takes to keep levels of ‘protection‘ (read: not being unemployed) and ‘rights to exploit your position‘ (read: additional work requirements), even as we might disagree with parts of this (which is fair enough) the similarities are close to undeniable. In all this we see an iteration of analysts changing predicted needs, raising expectations, after which their errors are released through waves of managed ‘bad news’. Now, this might be just my speculative error of insight. Yet the evidence is all around you. In that regard, many analysts also get it wrong the other way. When we see Facebook exceeding ‘expectations’ by 59%, can we at that point agree that the analysts making the predictions have no real clue? In this age where we can all miss a trend, the fact that we see a 60% miss is not as much as a miss, as it is a massive inability to read your market, which is how I would see it (https://www.theguardian.com/technology/2016/jul/27/facebook-ad-sales-growth-quarterly-results).

You are now wondering how the latter part connects to the initial part. As I personally see it, we are receiving more and more hindrance from places that make one claim, yet in reality they are mere facilitators towards profitability to ‘satisfy’ the greed of ‘investors’ on the terms of analysts. I have nothing against profit and profitability. No company forsaking its ROI will live for long, yet when we see a company surpassing the 600 million revenue and they are turning a profit, everyone seems to have this surrealistic love affair with ‘Number of Users’. This gets us to what is behind the screens, you see, when we see the blind focus on number of users, is it about the product you have, or the data you collect? Those who are still about mere virtual profit through acquisition of personal data, those who proclaim comprehension, those are the same people who were unable to comprehend the value that products like Minecraft and Pokémon GO. Even if I got one wrong, I did not get both wrong, in that same light I can see that No Mans Sky will raise the bar for gaming and even as some proclaim the word ‘disappointment’ with the initial Alpha release of ‘We Happy Few’, I believe that this game can be a lot of fun and can end up being a decent game with a 90% score. Now, it is important to mention that this view was from a reviewer with a good reputation, it is a good review and as such it should not be ignored, yet in all this, it is still an Alpha version and as such there is plenty of space for improvement. This is possible, because the initial engine does look good.

These elements are all linked, the link is imagination and creativity. Not the imagination of hope in the view of ‘I have the winning ticket‘, no it is in the path of ‘What can we do to make a change‘. It is about the imagination to employ creativity to achieve a result. In the first case it is for Huawei to adjust its incorrect (as I see it) stance of that what they make available and for which nation at the bequest of whatever Telco. This is a mere adjustment of policy, it comes with the smallest requirement of creativity and a decent comprehension of data.

The second case with Tim Cook, which requires both immense creativity and imagination (and a good development team). We can make whatever claim we want, but the reality is, is that too much value is given to reengineering, and way too little towards actual true innovation. Where is the creativity and insight that brought us the iPod, iPhone and iPad? Oh, right, I forgot, he died! Yet, should Tim Cook be any less than his predecessor? So why are they not looking at raising the bar and instigating a different mode of gaming? Perhaps the next hype is not gaming at all. I might not have the answer here, but the bringer of the next challenge that will create a real hype might know, for Apple the need of finding that person makes all the difference.

Pablo Picasso once said “Every child is an artist. The problem is how to remain an artist once he grows up”. I wonder if that is still just the case. So far I have learned that “Any innovator will soon after their first big success become the pawn of the needs of Wall Street”. If you doubt that, then consider Adobe, Apple, Coca Cola, IBM, Microsoft, Nintendo and Twitter and let’s not forget that they all started through true innovation.

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Tagged as AC Unity, Adobe, Apple, Augmented Reality, Brexit, Coca Cola, Facebook, Greece, Hello Games, Huawei, IBM, Kogan.com, Microsoft, Minecraft, Nexus 6P, Nintendo, No man's sky, Pokemon GO, Samsung, Telstra, the Guardian, Tim Cook, Twitter, Ubisoft, We Happy Few

May 16, 2016 · 20:38

No Man’s Brexit

Yes, I am not kidding, the day after the release of No Man’s Sky, we will see the UK referendum regarding the UK leaving the EU. The two correlate in a simple way. The game has 18,446,744,073,709,551,616 planets. That same number seems to be the number of opinions that the 743 million Europeans seem to have regarding Brexit, so we need to take heed what to believe.

Personally, I feel that Brexit might be the way to go, yet as stated previously, Mark Carney, aka Governor of the British Bank, aka Marky Mark of the British Coin seems to be swaying me towards ‘Bremain’. Let me explain this. For the most, the reasoning is given here (at http://www.theguardian.com/politics/video/2016/may/15/mark-carney-defends-brexit-intervention-eu-bank-england-video). The important quote is “identify the issues, come straight with the British people about them and then take steps to mitigate them“. That is one thing this governor seems to have been doing from the beginning, to state it bluntly, that is what he gets paid for (nothing Personal Mr Governor)!

In opposition a case could possibly be made regarding ‘transparency’, but let’s not try to cut the bacon with a piece of string.

The issue in this case is a quote in the Guardian on that same page as the video, which was “Earlier in the programme, energy minister Andrea Leadsom accused Carney of ‘dangerous intervention’“. Let’s take a step back. The Minister of State at the Department of Energy and Climate Change, the person, who according to the Independent (at http://www.independent.co.uk/news/uk/politics/energy-minister-andrea-leadsom-asked-whether-climate-change-was-real-when-she-started-the-job-a6710971.html) had to ask ‘whether climate change was real when she started the job‘ (which was on May 11^th 2015), that person is questioning Governor Carney on being straight with the British people? That’s a barrel of laughs on the worst of Monday mornings imaginable. Oh, I stand corrected, the 11^th of May 2015 was a Monday!

So from this quote, I am willing to state that Andrea, a politician was unaware or just didn’t watch An Inconvenient Truth, a 2006 documentary film about former United States Vice President Al Gore’s campaign to educate citizens about global warming. I think that she failed on multiple levels, especially as she studied political sciences. This gets to be even more interesting when we see the quote “in the past she has written to the Prime Minister calling for cuts to wind farm subsidies, and has criticised the pre-coalition Labour government for signing up to an EU target that called for 15 per cent of the UK’s energy to come from renewable sources by 2015“,

That is the person accusing Governor Carney on ‘dangerous intervention’ activities!

Now, there is not enough information for me whether cuts to wind farm subsidies was right or wrong. Let’s not forget that the UK is over a trillion in debt and certain cuts need to be made. The other part is in this case (without more evidence) equally debatable. That does not change the fact that regardless of her past economic positions whether she is anywhere near qualified to comment on the actions of the Governor of the Bank of England.

In my not to humble opinion, I would state no! You see Mark Carney was quoted as: “Carney defended his impartiality, saying it was important that people do not ignore economic risks“, I reckon that leaving the EU could have a few consequences tax wise and the issues regarding her Guernsey-based brother-in-law, Peter de Putron. This is in light of the title ‘Top Tory has family link with offshore banker who gave party £800,000‘ (at http://www.theguardian.com/politics/2014/jul/08/andrea-leadsom-family-links-offshore-bank-donations-tories). You see, I am an Australian Liberal, meaning that I regard myself a British Conservative and let me tell you, I would contribute to my part, yet if I am really lucky, I could perhaps donate 0.05% of that amount at best. When I work day and night I expect to receive some form of income, not pay an additional 800K (an amount I will likely never have, not even with my University degrees). The fact that a Brother in Law banker hands that kind of donations out might not be too controversial when it is for charity, when it is to a political party one must question the reasoning (read: personal tactical benefits) here.

So there are all kinds of questions that come to mind regarding Andrea Leadsom and it is my personal believe that (Brexit or not), her questioning Governor Carney leaves a lot to be desired. This 2014 article reveals another part that is important to consider: “A US non-profit news organisation, the International Consortium of Investigative Journalists, has obtained records of more than 20,000 names. The Guardian has exclusively analysed the ICIJ’s data, and begins to reveal those who have had dealings with a discreet Jersey branch of Kleinwort Benson, a well-known London firm which specialises in ‘wealth management’“. When you consider that news and the ‘feigned’ emotions we saw regarding Mossack Fonseca, that part comes again into question. You see, the issue has been legislation, tax legislation, legislation of wealth management and this implies that some of the available data goes back to well before 2010. This clearly implies that Labor was very much in the know on these matters. It also clearly implies that both sides of the isle should have pushed tax reforms a lot sooner than is currently shown. I agree that people might see this as unreasonable, but let’s be clear, these loopholes are there, Andrea Leadsom broke no laws. We see another version of amoral versus immoral. In my view, in regards to her acts I could see her statement as immoral, mainly because the changes could end up giving her more loopholes to push non-taxable parts of herself across the British realm.

Am I wrong?

That is still the issue, because Brexit will cause a massive amount of concerns and in that regard to keep the UK interesting more tax breaks might be the consequence of the EU separation (speculative statement). I might be proven correct but it is too early day to tell what the actual taxation impact will be, that part will remain an unknown, especially as people realise that only 5 billion of the 220 billion to Greece entered the State coffers, the rest went to the banks, paying small parts of loans and massive parts of outstanding interest bills. That is the driving realisation that more and more people are going towards the Brexit road. Most believe that the recession we hear about will be short lived and the upbeat will grow stronger and stronger as the loans diminish. I agree to some degree, but I equally foresee that Mark Carney is correct, the recession that is likely to follow will change the timeline, perhaps by a lot. That is the part that is absent of an answer, absent of a final solution, most of us believe that not being part of paying for other UK only recessions is the quickest way to a surplus finance coffer.

This is how I feel to some degree, but the warnings that Mark Carney gives us are not to be ignored. Plainly stated, at present the difference between a coffer and a coffin is currently way too small for my comfort.

This is why I remain on the fence. I am not completely convinced either way, but Mark Carney was clear and concise in the House of Lords and that was the massive sway to get me from certainly Brexit to almost cautiously Bremain. Yet the biggest issues are not within the UK, Greece, the IMF and other parties are trying to keep the present engine running, in addition the US economy with minus 19 trillion is equally a concern as the debt grew with 1 trillion in a year, basically it gained the total UK debt in less than 20 months, as they are closely linked with the Euro, one will tumble the other, in that regard Brexit is still the way to go in my book. It does not diminish the risks that Mark Carney warned us for, it makes just makes them more acceptable in my book. Nowhere do I mention that Governor Carney was guilty of ‘dangerous intervention’, he is merely informing us. I think that pro Brexit Andrea Leadsom did something stupid, she might be pro Brexit like I was in the beginning, but her less than intelligent remark only pushes people away from Brexit as her statement can be dissected by people less intelligent than me in mere seconds.

So, I still remain on the fence because the reasons for Brexit are there, but less strong than they were, merely because the risk we run by Brexit. In my mind the question becomes, if there is no Brexit, can we truly make the rest of Europe more accountable for their budgets? That part is still the number one reason for me to consider Brexit. I am not pointing the finger at Greece here, but at the total debt Europe has, which is almost equaling the American debt. The question is, how much of this debt is instilled by Wall Street to keep the seesaw of economics in balance? To keep the machine running to satisfy the 35,000 greed driven executives on Wall Street? We seem to focus on the top 1% in America, which makes for the 3 million people living really really nice, but that is nothing compared to the top 1% of that top 1%, their wealth is beyond measure, consider that only 1% of that top list (the 1% of the 1%) are the 350 people that made the small solutions like Facebook, Oracle, Apple and Microsoft.

I will give you one guess to guess where the other 34,650 got their money from.

This is why I still remain a little towards Brexit, because governments on a global scale ignored the need for proper legislation. At present the US might promise a lot, but in the end he has become nothing more than a quack quack president and as such he will not get anything done. Isn’t it nice that he wants to act in the 11^th hour whilst his own party will be very unlikely to support him? You see they are also up for re-election and they have options for another term, President Obama does not. Now consider the ‘evidence’ I gave at the beginning, basically this issue was ignored for 7 years. If you are considering that I am not being up front and honest with you, consider the fact that President Obama did not once mention the US tax havens that are in the US, to be more precise, the Rothschild Trusts all over America, their total treasures are stated to be in excess of 100 trillion, but no one can tell for sure, their fortune is too vast and always in motion. This is only one voice, mine, apparently there are 18,446,744,073,709,551,615 other views on this.

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Tagged as An Inconvenient Truth, Andrea Leadsom, Apple, Bremain, Brexit, Facebook, Governor of the British Bank, Greece, Mark Carney, Microsoft, Minister of State at the Department of Energy and Climate Change, Mossack Fonseca, Oracle, Peter de Putron, President Obama, Rothschild Trusts, the Guardian, the IMF, The Independent, UK, United States Vice President Al Gore, US tax havens, Wall Street

April 27, 2016 · 18:19

Lessening the consumer?

After yesterday’s Ignoranus Totalicus it seemed to take another look at this level of ‘brilliance’ (read: active attempt to use sarcasm). And it did not take much time to find it. You see, whenever greed is at the foundations of things, less bright decisions will be made. And that issue was already the case at several places in that industry. Now, it is off course important to make distinction here. The makers do not seem to have this need, other than the righteous desire for the funds of their product. Yet, there is more than one side to the issue at play (isn’t there always?) One of the issues is facilitation. Here we see, as I see it, the consumer betrayal Sony is now starting to give us, which is only now starting to take shape. I initially wrote about this in ‘Pricing a Sony game!‘ in November 2013 (at https://lawlordtobe.com/2013/11/20/pricing-a-sony-game/) this issue was raised, but in another shape. You see Don Mattrick made this speech on how the Xbox One would be mandatory. It drove the public on mass away from that system into the hands of the PlayStation 4. Now we see that Sony is slowly breaking that promise. In the first case (Fallout 4) there was a possible issue as Microsoft has never made the online ‘need’ a secret, which is why people have been flocking towards Sony so strong. Now we see quite a different scene and it is soon to get worse. For me it is the issue of a different matter, it is the part that now stops me from playing fallout 4. You see, a small accident broke my router, so when I initially started the game, whilst in the end of Automatron it told me that the DLC could not be found. Only after I got back online would the game load correctly with DLC and all. Now we get the second part, the fantastic achievement Ratchet & Clank, which came with a weapon called the bouncer (DLC code) was suddenly gone when playing offline. When I got back online, it was still gone and I had to purchase it again and got it at level 1 (purchasing it offline was not an option.

I personally do not believe it is a bug, or an oversight. It is merely another way to ‘force’ people to work online. You see, I have had a few issues with article 7 of the Sony service agreement in those days. The fact that games could no longer be pre-owned, which was my only issue. Even as I personally believe that people should be able to exchange their old games with other ones (just like books, records and movies). I do not have that sentiment when we look at DLC’s. They are separate additions to the game and as such often sold for a mere few dollars. So as the game goes, so do the DLC’s. I have no issues with that. Yet, the need to be online so that the DLC works is another matter. That has never been a requirement in previous systems. I see this move a mere attempt to keep a flair of innocence whilst now Sony and Microsoft are using other ways to force people to be online. They were already, in a feigned way, trying to keep people online by denying gamers their achievements, now the DLC’s seem to be become part of the additional pressure to keep people online. Online data is to be regarded as the profiling data mine of the future, and both Microsoft and Sony want their share of that coffer. So far the only two are Bethesda with their new DLC’s on Sony PS4. On the Xbox One Bethesda had already changed their way as it would not proceed the game without online logging in from the moment Windows 10 became part of the Xbox One, now this need has been added to the PS4. In addition, Ratchet and Clank has added them to the downloaded weapon (I have only one). It seems that the online push is going through. The rights of gamers now starting to be diminished, forced online against their choice (those who prefer to play offline), this issue had been in play for a while and the press had been very interested in ignoring this issue in the past, especially as the changes given came two weeks before the release of the PS4, like any decent prostitute, the press at large would hold off as much as possible for the need of advertisement and circulation. I wonder how the press feels after 3 years, now that it is less about advertisement?

It is hard to state how I feel about this. I am online often enough, but when you cannot continue a game because of a broken router and two weeks away from a pay check tends to make most gamers a little irritated. That is the part most of us know. The other group of gamers, the ones Americans (and Japanese) tend to ignore are the rural gamers, those with less online options, no great connections and those relying on wireless broadband, depending on 5 pounds per gigabyte, those gamers are soon to be left in the cold. Short-sightedness of a small group of people who look at the 90% of their flock and casually forget about the potential 3 million people forced to higher expenses. This is not a local group, there are several groups all over the Commonwealth, all requiring some connectivity to keep on gaming.

A nasty dilemma for those faced with it, a minor inconvenience for those greedy for data revenue. It is irritating how easy those deciding voices seem to ignore the need of the few. Sony has now illustrated itself to be no longer about being ‘for the players’, they are now the players who will exploit at the expense of the gamers, a simple path that was delayed for a mere three years. Now, it is back on track. Yet the interesting part is not just the choice Sony made, it is equally interesting that Japan today reported (at http://www.japantoday.com/category/politics/view/clinton-pivots-from-obamas-asia-policy-with-tpp-opposition). Here we see thee quote “The TPP has been the main economic plank of President Barack Obama’s seven-year effort to intensify engagement with a fast-growing region and counter China’s rising clout with nations that count it as their principal trading partner“, which seems to prove that being the lame quack quack in the White House comes at a price, one that could now cost him a 7 year plan as it falls away completely. The fact that both sides of the American Isle regard the TPP as a disaster can’t be a good thing, apart from the fact that people all over the world had issues with it. There is more to the TPP, partially it does affect the digital world as well. The digital world (read: gaming as a mere fraction here), would be under massive duress due to the TPP, that is still an issue, but it seems to me that it now realises that the bulk of gaming might no longer be coming from the US. The shift of indie gamers is growing strong and even though this is extremely likely not the cause of action by Hillary Clinton (read: most likely financial and pharmaceutical industries), we might see a flitter of hope for gamers as they could profit from the events playing at present and as such, it is not entirely impossible that Microsoft and Sony will have to do a 180 on their current path of forced connectivity.

The last part is a mere speculation on my side, but not a farfetched one. I reckon that the DRM part of the TPP gave path to the ideas Microsoft had initially. The parts we hear now is not a given, one article is not a guarantee for any about face. Yet, the fact that both sides in the US were never happy with the TPP is an initial good sign. If we consider the DRM, than there are sides. Yes, I agree with the quote “deprive the public domain of decades of creative works“, yet in that same part I personally feel that when Bethesda makes digital content, it has every right to sell this material. I would never oppose this, yet if this requires mandatory online presence than the systems are either massively flawed (which is not likely the issue), or just a new path for Sony to walk and Microsoft will be walking the same path.

In the end, consider what you want, take the path you want, just consider that corporations will find a way to the profit they consider they are entitled to, games are just one medium. Which is exactly what seems to be happening in the world of Facebook at present. You see, Facebook doesn’t need to rely on connectivity, when you are on Facebook, you are online. Facebook shows us the next iteration of limited special deals, or perhaps we need to call it ‘intentional discrimination’.

You see, when we see certain special offers and we get the text: “Couldn’t Complete Purchase: We didn’t receive all the information we needed from this app to complete your purchase. You haven’t been charged for this purchase, so please try again. If you keep seeing this error, contact the app developer”, we are given the impression that it was a mere error. Yet, the truth is a lot harsher than you imagine. You see, when the ‘normal’ purchase works without issues, it is no longer about a mere error. The special deal is about collecting information. A special deal that gives you a trinket for the mere option of collecting identity and credit card details. The issue is that the special deal does not give clear indication of this, it does not state “in exchange for your credit card details we will give you an extra trinket”, so why does the offer not show this? Perhaps I am just assuming that and it shows that my assumption is wrong. That would be fair enough, we are all wrong at times, which is why I await initial feedback from Facebook and when that response comes, I will update this story.

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Tagged as Automatron, DLC, Donald Trump, DRM, Facebook, Fallout 4, Gamers, Hillary Clinton, intentional discrimination, Japan Today, Microsoft, President Barack Obama, PS4, Ratchet and Clank, Sony, TPP

February 22, 2016 · 19:44

Within the realm of privacy

We all have an inherent need for privacy, we want things to be at our leisure of contemplated sharing. Yet, what is privacy? On one side we want privacy, but the next moment ladies will share whether their carpet is a landing strip or a martini glass, I for one do not care. If they want to share certain parts that’s fine with me. I am not too much about sharing. On the other side, apart from a few MP3 files, there is nothing interesting on my mobile. I reckon that my mobile is one of the dullest ones around.

So when I initially heard about the FBI wanting to access the iPhone of Syed Farook, I shrugged my shoulders and went ‘whatever!’ meaning that I was not opposed and I did not care. It was the techdirt site that has an interesting fact from the court case.

“Footnote 7, on page 18 details four possible ways that Apple and the FBI had previously discussed accessing the content on the device without having to undermine the basic security system of the iPhone, and one of them only failed because Farook’s employers reset the password after the attacks, in an attempt to get into the device“, so the boss went into ‘auto-moronic’ mode and did not check? He acted without knowing? So when we see “The ‘owner’ of course, being the San Bernardino Health Department, who employed Farook and gave him the phone. Basically, what this is saying is that if the password hadn’t been reset, it would have been possible to try to connect the phone to a ‘trusted’ network, and force an automatic backup to iCloud — which (as has been previously noted) was available to the FBI. But by ‘changing’ the password, apparently that option went away“, should we consider that his boss was stupid, or that his boss was scared he had done something wrong and this was his/her way of covering the mess up? (at https://www.techdirt.com/articles/20160219/17463033656/footnote-reveals-that-san-bernardino-health-dept-reset-syed-farooks-password-which-is-why-were-now-this-mess.shtml).

For the record, that was clear speculation on my side!

What happened was that Apple, the firm that initially ‘screwed over’ its customer base with error 53. A few days ago, the Guardian reported ‘Apple ordered to decrypt iPhone of San Bernardino shooter for FBI‘ (at http://www.theguardian.com/us-news/2016/feb/17/apple-ordered-to-hack-iphone-of-san-bernardino-shooter-for-fbi). In there we see the important quote: “In 2014, Apple began making iPhones with additional encryption software that they said they could not unlock, even if faced with a court order. Apple said this was done in the name of consumer privacy and cybersecurity, but the company has been locked in a public feud with the FBI since“. I understand that there is a need for privacy. My issue is why THIS level of privacy is needed. One could speculate that this is to keep the financial adviser’s customer base happy. I reckon that those people look for other means the moment their actions could be monitored, or investigated afterwards. Again, speculation from my side.

You see, I do not comprehend why law abiding citizens are so in fear, of what the government finds out. Most people can’t stop selfie themselves, their fashion and body parts to social media on a global scale. They tend to Facebook all details, especially when they are far away from home to ‘all’ their friends, so that the department of discreet entry and removal operations can empty their homestead in the meantime. With so much sharing, what privacy do you think you still have?

So back to the Granny Smith of automation, the next article (again the Guardian) gives us ‘FBI escalates war with Apple: ‘marketing’ bigger concern than terror‘ (at http://www.theguardian.com/technology/2016/feb/19/fbi-apple-san-bernardino-shooter-court-order-iphone), here we see the subtitle ‘Court filing from Department of Justice says Apple is more concerned with ‘its marketing strategy’ than helping FBI unlock San Bernardino shooter’s iPhone‘, which is fair enough when we consider that a failed marketing equals an alleged death in those houses. The quote “Cook called for public debate and has been backed in his fight by some of tech’s biggest names, including Google’s chief executive Sundar Pichai, WhatsApp and whistle-blower Edward Snowden“. I think that this is less about Americans and more about the 7 billion non-Americans that have this false fear of the CIA and the NSA. Yet in all this, the only true group to fear this is the 0.0001% of the population, I do not even register and in that regard most do not even register. Like the previous mass surveillance marketing ploy, simple fear mongering.

Now, let it be said that I have nothing against a person’s privacy and there is nothing wrong with wanting privacy, yet when we consider the 1.5 billion on Facebook, the 100 million on Instagram, the 307 million on Twitter and over 100 million users on Pinterest, we have well over 80% of the iPhone users on social media all sharing from mere events attended up to the grooming of the most private of parts, Which makes the shout for privacy a little too hilarious.

So how does this fit legally?

Well first there is the part that the DoJ is now relying on. It is the All Writs Act of 1789, which states “The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law“, which sounds rather nice,

Yet the fact that the DoJ needs to rely on an act that has, according to several press sources, only been used thrice is a little too novel.

When we consider that the ‘self-destruct’ was enable by Farook’s boss (making the device useless to thieves), only leaves the DoJ without options. What is interesting is when the last cloud backup has happened, had it happened at all? Too many question that are all in the realm of speculation and none of it gives way to legislation. The question becomes should it be? I am not opposing the FBI, CIA or NSA. Yet these alphabet groups do know that they are fishing in murky waters. You cannot expect a corporation to set a product meant for 1,000 million to have options for the internally build exemption of 5,000-7,000 users. The math just does not add up!

I was talking about the legality, so let’s continue there.

In McCabe v British American Tobacco Australia Services Ltd,’ and the appeal, British American Tobacco Australia Services Ltd v Cowell (Representing the Estate of McCabe (deceased)), exposed some of the difficulties that plaintiffs who sue large corporations may face in litigation involving access to documentation. The Victorian Court of Appeal reversed the first instance decision which had struck out the defence of a tobacco company (‘BAT’). The basis for the first instance decision was that BAT had systematically destroyed documents that might have been relevant to the plaintiff’s case. It important to state WHO destroyed documents. You see, in case of Farook it was the boss who ‘destroyed’ the options for information retrieval. The important issue is that INTENT becomes near impossible to prove. In addition that case gives us: “The High Court declined the opportunity to clarify the law in this important area by refusing leave to appeal. The effect of this case, absent statutory reform, is that corporations may destroy potential evidence provided that their actions do not constitute an attempt to pervert the course of justice or a contempt of court. These are notoriously difficult to establish” (source: Playing for keeps? Tobacco litigation, document retention, corporate culture and legal ethics by Matthew Harvey and Suzanne Lemire. The reason for going towards this case is that the entire approach to mobile architecture and auto-backup could instigate updates where the mirror is encrypted extern from Apple. Which means that any phone would have an XML set-up and data object, but the object would be irretrievable. The ‘responsibility’ for proper password maintenance would be kept with the ‘client’ or end user. Taking Apple out of the equation leaving the DoJ with the apple pie made from the famous Granny Smith (AKA Janet Abigail Doe).

This takes the entire cyber conversation towards Spoliated Evidence, where we see “a party is faced with the fact that certain key evidence has been destroyed, altered, or simply lost“, destroyed implies intent, but proving that is next to impossible (which got us the tobacco case. Altered is basically what the DoJ faces as the boss decided to reset the password, again malicious intent becomes next to impossible to prove, whilst lost is not in play in this case but could clearly complicate the issue if that was the case, as the DoJ would have no implied evidence at all.

This entire endeavour goes even further south when we consider Federal Insurance Co. v. Allister, 622 So. 2d 1348, 1351 (Fla. 4th DCA 1993), where the Fourth District decided to set forth five factors to consider before imposing sanctions for spoliation of evidence. They were:

whether there is prejudice;
whether the prejudice can be cured;
the practical importance of the evidence;
the good faith or bad faith surrounding the loss of evidence;
Possible abuse if the evidence is not excluded.

As bad faith is now linked to the degree of wilfulness, we get back to intent. If mere ‘negligent loss’ does not cut the cake and the cake cannot be devoured without the essential evidence, the entire issue goes nowhere really fast. Basically, it boils down to the boss of Farook having one set of glasses on with the limiting mindset of cost if his mobile was ‘abused in usage’, leaving Apple in the clear shrugging their shoulders going ‘not my problem now’, whilst in all this we are left with no evidence linking to intent or malice. That small scope that was available will in all expectations to be diminished further. It basically solves all of Apple’s problems.

In the need for privacy we have gone from exceptionally rare to just hilariously ridiculous. The Guardian article (at http://www.theguardian.com/technology/2016/feb/20/apple-fbi-iphone-explainer-san-bernardino) shows in equal measure another side. Which comes from Senator Ron Wyden, Democrat from Oregon. Here we read “Some are calling for the United States to weaken Americans’ cybersecurity by undermining strong encryption with backdoors for the government,” he wrote on Medium on Friday afternoon. “But security experts have shown again and again that weakening encryption will make it easier for foreign hackers, criminals and spies to break into Americans’ bank accounts, health records and phones, without preventing terrorists from ‘going dark’“, as such correctly implying that the medication will end up being a lot worse than the disease they face. In addition to that, should Farook have relied on another path, for example receive orders and message a ‘guild’ within a Facebook RPG game, the wasted time on the iPhone becomes nothing more than an iconic episode of the Comedy Capers. With these games receiving billions of messages a day, parsing though 1 of a dozen games would take years. The fact that none of this required any encrypted android or IOS system, just a mere desktop like millions of students use makes for the case against the Alphabet teams. When looking at Extremetech, we see a quote that is important in all this, the quote: “how terrorist organization uses social media to spread its message and radicalize curious readers. GWU’s research found that while ISIS uses a wide range of services, including Facebook, Google Plus, Kik, WhatsApp, and Tumblr, Twitter is the social media site of choice. Twitter already patrols and bans the accounts of ISIS supporters“, it casually forgets the 3-4 dozen accounts that do not raise any flags, the accounts that ACTUALLY bring details of the attacks to the transgressors.

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Tagged as 1351 (Fla. 4th DCA 1993), 622 So. 2d 1348, All Writs Act of 1789, and Tumblr, Apple, British American Tobacco Australia Services Ltd v Cowell, CIA, Department of Justice, Dirttech, DoJ, Edward Snowden, Extremetech, Facebook, Federal Insurance Co. v. Allister, Federal Insurance Co. v. Allister 622 So. 2d 1348 1351 (Fla. 4th DCA 1993), google, Google Plus, iCloud, ISIS, Kik, Matthew Harvey, McCabe v British American Tobacco Australia Services Ltd, NSA, San Bernardino Health Department, Senator Ron Wyden, Senator Ron Wyden (D-OR), Sundar Pichai, Suzanne Lemire, Syed Farook, the Guardian, Twitter, WhatsApp

September 27, 2015 · 00:26

What news is news?

There are several pieces, not just in the Guardian, the BBC, the Independent or the Times. They all tell us that they have news, but do they have any actual news? The Guardian shows us a tech article (in the Tech section) called: ‘the node pole: inside Facebook’s Swedish hub near the Arctic Circle‘, all innocent news, one could surmise that it is just a space filler. Or was it done to give extra view to the article ‘Facebook is making more and more money from you. Should you be paid for it?‘, or perhaps to give extra light to ‘Facebook case may force European firms to change data storage practices‘, which I gave my views on in my previous blog. You decide!

In the business section we see VW to get some centre stage, which makes perfect sense and that is just the Guardian. The independent also has a go at Facebook, but now has a go at its users, well, actually it is not the Independent, but the employee tribunal. Now the article shows all kind of signs of bullying, which is never OK and in that regard Rachael Roberts has a real case, but in light of the events, Mrs Bird does not seem to be a friend of Mrs Roberts, so why is the act of unfriending on Facebook the killer? Yet it is the quote “But employment lawyer Josh Bornstein told ABC news the unfriending incident was found to be workplace bullying in the context of several other issues“, which baffles me, if they are not friends, one or the other could unfriend the other party, that part seems clear cut to me, not bullying. So out of the 18 allegations of bullying in total, the unfriending in Facebook took the cake? It does not add up to me!

In addition we see two whole articles on Facebook being down and oh yes, the new iPhone is for sale! Let’s not forget the fact that the iPhone now allows for sextracking. So, parents buy your boy or girl on of these bad boys so you can find new ways on how you are about to become a grandparent! Really? You need to keep scores on your phone now? Didn’t Ashley Maddison teach you anything regarding sex that is on the internet, everyone will know soon thereafter?

Finally they also gave visibility to ‘Hospital apologises for removing RAF sergeant from A&E because uniform could ‘upset’ patients‘, which is a can of worms in its own right. In that light I expect the NHS to move all drug and binge drink casualties to their basement as not to invoke bad thoughts from the Presbyterian community. How insane was the idea to move a wounded RAF sergeant in the first place!

All these events, some are actually news, but no one seems to have any balls. No one is looking at Pricewaterhouse Coopers. Which of course ties in nicely with the words of the Dalai Lama ‘Dalai Lama on Britain’s policy towards China: ‘Where is morality?’’, the answer might not be such a high moral one, it goes a little like “Who is willing to suck the smallest extremity for the good of one’s career?”

To some extent we can accept that the SFO is silent, only to the smallest extent. You see Tesco is dealing with a write-off of £6.4bn, which of course is massive. We have seen all the news on how some former Tesco entities are getting grilled (as they should) but the press on many levels in many nations keep on rehashing the old news and no one is digging into PwC. No one is digging there. Does that not sound awfully weird? Yet here is the kicker, we see more and more messages like ‘Multinational tax avoiders targeted’, with quotes like “while the American Chamber of Commerce in Australia warned about throwing up new hurdles in what is already a high-cost economy. The chamber’s board includes representatives from ConocoPhillips, GE, Boeing, PwC and Exxon Mobile“, yes it seems it is never a good time to go after tax avoiders (not to mention the impact it has on the bonus benefits for those working in that part of the financial branch).

Before you whisk this away as mere banter (which you are of course allowed to do), take a look at this article that is a little over a week old. It is from the Wall Street Journal, which I do not look into too often. The article (at http://blogs.wsj.com/cio/2015/09/15/the-morning-download-identity-theft-key-to-attack-on-cisco-routers/) called ‘The Morning Download: Identity Theft Key to Attack on Cisco Routers‘, starts with: “Good morning. The international attacks on Cisco Systems Inc. routers, disclosed earlier today by security firm FireEye Inc.’s Mandiant unit, began with the theft of legitimate network credentials. Securing and managing the identity of network users continues to be a massive challenge for CIOs and CISOs and ultimately, the CEO and the board. The attacks have been named ‘SYNful’ because of how the malicious software moves across routers using their syndication functions “Cisco said SYNful did not take advantage of any vulnerability in its own software. Instead it stole valid network administration credentials from organizations targeted in the attacks or by gaining physical access to their routers,” Reuters reports today. Mandiant said in a blog post that it had found 14 instances of router implants, which replace Cisco’s operating system”

Now, to complement that statement, I will add the following. On June 5^th (more than 3 months before the WSJ article), I wrote ‘In reference to the router‘ (at https://lawlordtobe.com/2015/06/05/in-reference-to-the-router/) , here I stated: “Soon thereafter no more firewall, no more routers, just the bliss of cloud servers and data, so much data!“, which reflected on the article I wrote on February 8^th (more than 7 months before the WSJ), there I wrote “I think that ‘hackers’ have created a new level (as I mentioned before). I think that Cisco IOS was invisibly patched“, (at https://lawlordtobe.com/2015/02/08/the-next-cyber-wave/). I was literally accused by some to be insane, there was no way that this would EVER happen. Now we see in the Wall Street Journal: “Mandiant said in a blog post that it had found 14 instances of router implants, which replace Cisco’s operating system“, interesting how I am now proven correct. Are the members of the Baboon family (usually found in the FBI) reconsidering their North-Korean option? Let’s face it, this took top level skills, we can (as I pointed out in the past) find those boffins in the US, UK, FR, the FSB and Chinese Intelligence, however in North Korea not that much!

The Reuters article shows a lot more (at http://www.reuters.com/article/2015/09/16/us-cybersecurity-routers-cisco-systems-idUSKCN0RF0N420150916), however, they are just rehashing something I stated for almost a year, the quote ““That feat is only able to be obtained by a handful of nation-state actors,” DeWalt said, while declining to name which countries he suspected might be behind the Cisco router attacks” adds to my view that I was correct all along (finally another ‘I told you so!’ opportunity). The only difference is, is that DeWalt includes Israel, I have no real quality data on the Israeli cyber capabilities, so I am willing to give him that one. Finally we should consider the quote “Infected hardware devices include Cisco routers 1841, 2811 and 3825“, which is fair enough, yet in my article I offer the option that the CF unit found in nearly EVERY router could also open doors, so the danger could in theory go far beyond those three routers.

I also stated that my thoughts were based on sound speculation. You might wonder what sound speculation is. Basically, it means that even as I might not have them skills to program, I do understand that my solution is viable, the fact that routers are getting programmed with a new OS is clear evidence of that. In addition, it also gives weight to two infestation systems I speculated on as well as the weakness that those believing in the cloud are not realising at present. I was willing to look beyond the veil, a side everyone ignored. Yet when a router can be reprogrammed to the extent it was, also clearly means that data in motion is no longer safe, which means that pretty much any cloud data can be gotten too, the user only has to access the file to make that happen.

I even had a thought on dealing with the Iranian glow in the dark power plants when the time is there, just by thinking out of the box. It does involve a Piranha valve (which actually already exists in name, but mine is so much cooler). None of this is newsworthy, speculative opinion one might state. Yet in my speculation, I have shown solutions to be real in several occasions and in addition to that I also clearly outlined long before the press decided to show the minimalistic amount of balls (read testicles), that a look into Pricewaterhouse Coopers was adamant. It seems that apart from a December 2014 message from the SFO (rehashed by nearly all papers) not much happened, apart from that news, the press at large stayed clear of mentioning PwC and Tesco in one sentence. Is that not utterly weird?

Of course the luggage of someone’s mum in Tenerife (shipping at £122) gets front seat exposure, yet, the issue on £6.4bn getting lost due to assistance (better stated too weak opposition) by Pricewaterhouse Coopers seems too trivial to keep pressure on. Way to go Consumer Champions, Money! I actually mean that! They did do a good job and they have done so in the past, yet I fear that a letter by Dave Lewis on how his firm lost £6.4bn as the keeper of his books was not prudent, or is that tenacious enough to ring that bell very loudly when things looked too odd. Will Consumer Champions find that money? Will they write “Pricewaterhouse Coopers must accept responsibility for the signing off on books as the “accountant”?” Consumer Champions might not get this done, which is fair enough. It should not be on their plate, but the parties this should be very visible on are also not doing anything as far as we can tell, they remain silent, they remain this silent after 9 months.

Yet in all this there is one part both the Guardian and the Independent are getting right. It is the news on the NHS, there are massive problems and knowing them all is essential in finding a solution. In this matter the press has played a good role. In my view exposing former and current politicians a little more on the political game they play, so that we all understand that a proper solution is needed and taking the politicians out of that equation might not be the worst idea, the end result stays the same, the NHS is now too close on the edge of collapse to be acceptable, yet where lies the solution? Although I understand the issue the Independent shows, I partially disagree. The headline ‘New NHS junior doctor contract would discriminate against women, senior medics warn‘ is not incorrect (at http://www.independent.co.uk/life-style/health-and-families/health-news/new-nhs-junior-doctor-contract-would-discriminate-against-women-senior-medics-warn-10516885.html), yet in all fairness, the quote “Under the new contract, trainees who decide to work part-time would see their pay increase more slowly than their colleagues” is a can of worms! Why would my co-worker doing 32 hours get the same raise as myself working 60 hours? (Remember, I am not a doctor). A choice was made! Yet, there is a level of fairness here too. Which means that to tackle it should be done in another way. Even as there is a shortage, the burnout of physicians is a known issue and making a maximum of 40 hours a week a mandatory status could be close to the only solution. Perhaps we have been too indulged, perhaps some options should only be there during the week. Perhaps the change to healthcare is essential (like hiring 40% more staff), but we also accept that at current not one government remains to afford that change (well perhaps Easter Island where there are less than 10 doctors). In the end the system has been ignored for too long. Too many politicians are on the ‘let’s get the computers up and running‘ whilst they know that staff will remains a problem for a long time.

That is news! That is what matters, but too many papers and too many news broadcasts are about the emotions and not the actual news that matters. That might be an incorrect view and a very biased view. It might be that some news is more important than other news parts, I will instantly agree, yet in all that the complete silence from pretty much all the papers regarding Tesco and some involved book keeping parties remains a mystery to me, how is that part not news? We will see more events that will not get the proper light in newspapers, both in paper as well as online, I’ll let you decide how that measurement applies to an involved party to events that started a £6.4bn downgrade.

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August 2, 2015 · 21:08

A digital deception?

There is an interesting weekend going on. First we see people waking up to the Microsoft premise that free is apparently never free, in addition, we now see more and more noises regarding Net Neutrality. We will get back to Microsoft soon enough, because there is more to Net Neutrality than meets the eye. First let’s take a look at the definition of Net Neutrality. Wiki tells us “Net neutrality (also network neutrality, Internet neutrality, or net equality) is the principle that Internet service providers and governments should treat all data on the Internet equally, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication”, now this sounds interesting, but the reality is not that easy as I see it. For example, consider Oracle Forms, who needs the reserved bandwidth, if we cannot deliver, that solution would become an issue to implement. Oracle Forms is not the only one, many other situations exist where priority is essential. Video conferences is one of several. The idea came from Tim Wu, he is the Isidor and Seville Sulzbacher Professor of Law at Columbia Law School. His paper Network Neutrality, Broadband Discrimination. The paper can be downloaded at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=388863.

As any academic work, it is quality stuff, yet, do I agree? I have an issue with the following parts:

On page 1 “Critics, meanwhile, have taken open-access regulation as unnecessary and likely to slow the pace of broadband deployment“, America is about to encounter the point where ALL the TCP/IP addresses have been taken, no more addresses, which means that IPv6 will soon be the only option remaining. You see IPv4 provides roughly 4.3 billion addresses. Companies, people, devices all requiring an IP address (mucho plural), well at some point the end is reached and that point is now, but that is not the entire point of my objections, because “likely to slow the pace of broadband deployment” is about need. I do not see how broadband deployment is hindered by the current system (other than running out of addresses). We have seen an almost exponential growth in getting online. Ever since the broadband has been an option, we have seen spectacular growth. First through normal internet connections, then via cable providers, now in addition we have mobiles with 4G and WiMax providers.

The second quote is “That deviation is favouritism of data applications, as a class, over latency-sensitive applications involving voice or video“. Which might be fair, but for the most, this has apart from specific application NEVER been a true issue. YouTube caches, so I personally have never truly seen an issue, not in over 15 years. Voice is a different situation, is this about VOIP? On one side, in an academic paper we need to keep an open mind, which makes it a good statement, but when we regard government pushed policy “open access alone can be an insufficient remedy for many of the likely instances of network discrimination“, the use of the word ‘likely’ seems a little unacceptable.

The next issue is found on page 158 of the paper “Have broadband operators tended to favour certain uses of the Internet?” To what extent? The goal of this section is to answer these questions, to the extent possible, for broadband networks during the year 2002, so we get answers based on a situation that is 13 years old, so this is BEFORE true smartphones, before quality 3G and whilst 100Mb broadband was rare. 1000Mb is now in some places regarded as slow, we get internet information faster on our mobiles now, than on broadband in those days, overall the growth of speed has been near unparalleled since the beginning of the internet and I am just looking at the last 5 years. The more I read of this 39 page paper, the less this makes sense in the current environment. Not the thoughts by themselves, the thoughts made perfect sense (to a certain degree) in those days. Yet, the ISP’s and Cable providers evolved almost exponential in their offerings. For the same price I now get a little over 10 times the amount I had before. I now end up with 500% download space of what I need (and I have one of the cheapest offers), so far I have not seen any limitation on what I require, so is this a pure American issue? That could be the case, but those pushing Net Neutrality better realise that moving business from US to Canada is not that far-fetched an option, I personally see these events as the FCC seems shooting itself in the foot.

Yet are my thoughts correct? (Always a good question to ask)

Let’s take a look at the Washington Post (at https://www.washingtonpost.com/news/the-switch/wp/2015/07/24/republicans-are-trying-to-defund-net-neutrality-will-it-work/), ‘Republicans are trying to defund net neutrality. Will it work?‘ The quote “This week, the Senate Appropriations Committee approved a bill that contains an amendment singling out the FCC and net neutrality. Notably, the rider would prohibit the FCC from using its most powerful regulatory tool to police Internet providers — Title II of the Communications Act” is at the centre. Yet, what the Washington Post shows is nothing more than a political side.

It’s CNN that gives us part of the goods (at http://money.cnn.com/2015/06/12/technology/net-neutrality/), they ask a few questions and give us answers. That is what matters. So let’s take a look.

“Isn’t that what exists today? For the most part. In reality, the world won’t look much different on Friday. Netflix won’t suddenly stream any faster for you. AT&T (T, Tech30) and Comcast (CMCSA) won’t abruptly stop laying down high-speed fiber cables and investing in their networks as retaliation“, after which CNN brings a quote that is surprising “And Comcast can’t slow down file-sharing websites, like it did to BitTorrent a few years ago“, which is more than interesting. Because, for the commerce of the USA file sharing is not a good thing, even though downloading movies is copyright infringement, pursuing these events is a near impossible task, especially when those servers are outside of the USA.

Who supports net neutrality? Now this is the number one question. “AOL (AOL, Tech30), Facebook (FB, Tech30), Netflix (NFLX, Tech30), Twitter (TWTR, Tech30), Vimeo and every other major Internet company are in favour of the FCC’s new rules. They create the content you read and watch online, and they don’t want to face discrimination by network owners who can threaten to charge higher fees or slow them down“. This statement is pretty far out there when you are not an American. In America, when you see places like Comcast, you pay for 75Mbs, 150Mbs and prices go up fast. So from this point is there reasoning for Net Neutrality? I still do not agree, but before going into this we need to look at Sprint, they offer unlimited high speeds with a sharable 10Gb for $100. This is less than 40% of the bandwidth I had 6 years ago at half this price. San Francisco gave me decent prices that are in alignment with what we see in Europe. Again, will Net Neutrality solve this?

Now let’s take a look at those supporters, Facebook and Twitter are data collectors, Twitter is the smaller and Facebook in the larger extent. Netflix customers require download power a lot more than Net Neutrality. The same can be said for Vimeo, AOL and Google+ for that matter. They all are vying for a customer base and when a person gets 10 GB at $100, whilst Europe and Australia enjoy prices like $70 for 200 GB you can see the issue at play. I am wondering whether this is about Net Neutrality or is there an issue with cartelisation in the US? We are so used to see that things are cheaper in the US, the fact that the US is leaps behind when it comes to the internet. That does not address the Net Neutrality. In my view it leaves us with more questions. The fact that prices are so high makes me wonder why a place like the US is not more competitive in that regard. But this article is not about that. It seems that Netflix needs download power to survive, and that is lacking in the US. In addition, it seems that the providers are extremely ‘protective’ on pricing, when investigating prices, TWC gave me “You are visiting our website from an area we don’t currently service“, which I got whilst entering a Chicago Address. So in all this, there is a multitude of issues, which have less to do with Net Neutrality and more about the stranglehold on pricing some seem to keep in the US.

Now am I upset? Well that is not really the question is it? I am like many others a capitalist (to some degree), yet that part has always been drenched in reason. As the information is reaching me, reason is not really a part that the internet providers seem to employ in the US. Especially as they offer internet at 33% of the speed and at 20 times the price. So it seems to me that Net Neutrality, even though in this light might have some effect to some of the solutions depending on the internet, yet the overwhelming thought from me is that as the FCC pushes Net Neutrality, we will also see a shift of the business world seeking an alternative.

When we see an argument that “Comcast could slow down BitTorrent traffic (it did)“, yet when we consider an article by Jacqui Cheng from the 24^th July 2010, we see ‘Only 0.3% of files on BitTorrent confirmed to be legal‘, this was from a study that involved 1000 downloads, so 997 were infringing in one way or another, so why is it an issue to slow down BitTorrent?

A final issue should be given to Wired Magazine, who (at http://www.wired.com/2014/01/three-dangers-net-neutrality-nobodys-really-talking/) gives us several views in the article ‘Three Dangers of Losing Net Neutrality That Nobody’s Talking About‘

The first comes from American Library Association head Barbara Stripling “we’re in danger of prioritizing high-quality internet access for entertainment over education“, is this about the costs of a broadband plan? I have seen how this is not cheap, even as the article is only a year old. She also states “Ultimately, “pay to play” only benefits the privileged“, which I can agree with, it will be about usage and bandwidth, Net Neutrality will not up the game for them, it is about pricing and in some cases the prices are overwhelmingly ridiculous.

The second issue is ‘we continue to give more control over the internet to the government‘, which seems to be the case, but why is it done? Draining additional resources, forcing costs that should not be with the government. The quote here is “What’s worse is that we won’t see it coming, because the FCC’s power will creep in incrementally, on a case-by-case basis — a death by a thousand cuts“. Why is the FCC even bothering with this? Regarding the extent of what I saw as it applies to the US, this is becoming an increasing case of ‘Unjust Enrichment‘. Yet, the legal scope is not entirely ready to deal with this from an internet point of view. The North Dakota Supreme Court ruled in Schroeder v. Buchholz, 2001 ND 36, 622 N.W.2d 202 that five elements must be established to prove unjust enrichment.

They were:

An enrichment (Telco’s making excessive profits)
An impoverishment (Consumers are charged above their affordable income).
A connection between enrichment and the impoverishment
Absence of a justification for the enrichment and impoverishment
An absence of a remedy provided by the law (clearly in absentia)

It will be hard to prove this part, you see, it is not just about enrichment and impoverishment. The internet world is moving population classes into the haves and the have not, which is a different standard, yet the foundation might apply in finding the remedy for internet pricing, especially when we realise that one in 10 that would end up spending a little over 10% of income to allow for internet (based on the Chicago example), is this an excessive cost? That would be for a court to decide and that decision would not be the same state by state. Yet as that becomes a solution, the Net Neutrality need would diminish.

In the end, I am not convinced that the issues are about ‘neutrality‘, but it is about current technology and about fairness and affordability of the internet, especially when we consider that every child today needs to learn to proper use the internet from a young age, only to keep even with the other players, once the US falls deeper into the pay to play trench, we will see the growth of additional classes of segregation, those who are technically viable users and those who are not. That last one must be avoided at all costs, an issue Net Neutrality as I personally see it will not answer.

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Tagged as 2001 ND, American Library Association, AOL, Barbara Stripling, BitTorrent, CNN, Columbia Law School, Comcast, Facebook, FCC, Microsoft, Net Neutrality, Netflix, Network Neutrality, North Dakota Supreme Court, Schroeder v. Buchholz, Tim Wu, Twitter, Unjust Enrichment, Washington Post, Wired, Wired.com

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